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THE 

PUBLIC    ACTS     "^ 

OF      THE 

GENERAL    ASSEMBLY 

O  F 

NORTH-CAROLINA. 


VOLUME    h 

CONTAINING    the    ACTS    froi*    1715    to     179  Oj 
REVISED    AND    PUBLISHED, 
UNDER    THE    AUTHORITY    of    the    LEGISLATURE, 
By  the  Honorable  JAMES  IREDELL,  Esq.uire, 

AfTSRlVJSDS  ONE  OF   THE  ASSOCIATE    JUSTICES  OF  THE    SUPREME  COURT  OF   THE    UNITED  STATES. 

AND     NOW      REVISED 

Br    FRANCOIS  ^  XAVIER    MARTIN. 


N  E  W  B  E  R  N , 
MARTIN      l2f     OGDEN. 
18  0  4. 


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/a/  r^<  THE 

SECOND  CHARTER, 

GRANTED  BY 

KING  CHARLES  11. 

TO   THE 

PROPRIETORS    OF    CAROLINA. 


CflARLEiS  the  Second,  by  the  grace  of  God,  of  Great-Britain,  France  and  Ireland,  King,  Defen- 
der of  the  Faith,  Sec.  WHEREAS,  by  our  Letters  Patents,  bearing  date  the  twenty-fourth  day 
p{  March  in  the  fifteenth  year  of  our  reign,  We  were  gracioufly  pleafed  to  grint  unto  our  right  trufty  and 
right  well-beloved  Coufin  and  Counfellor  Edward  Earl  of  Clarendon,  our  Hi.^h  Chancellor  of  England  ; 
our  right  trufty  and  entirely  beloved  Coufin  and  Counfellor  George  Duke  of  Albermarle,  Mafter  of  our 
Horfe  ;  our  right  trufty  and  well  beloved  William  now  Earl  of  Craven  ;  our  right  trufty  and  well  beloved 
Counfellor  Jx)hn  Lord  Berkeley  ;  our  right  trufty  and  well  beloved  Counfellor  Anthony  Lord  Aftiley,  Chan- 
cellor of  our  Exchequer  •,  our  right  trufty  and  well  beloved  Counfellor  Sir  George  Carteret,  Knight  and 
Baronet,  Vice-Chancellor  of  our  Houftiold  ;  our  right  trufty  and  well  beloved  Sir  John  Colleton,  Knight 
and  Baronet,  and  Sir  William  Berkeley,  Knight  ;  all  that  Province,  Territory  orTra£t  of  Ground,  called 
CAROLiNA,'fituate,  lying  and  being  within  our  Dominions  of  America  ;  extending  from  the  North  End 
of  the  Iflaad  called  Luke  Ifiand,  which  lieth  in  the  Southern  Virginia  Seas,  and  within  Thirty  Six  De,r?;rees 
of  North  Latitude  ;  and  to  the  Weft,  as  far  as  the  South-Seas  ;  and  fo  refpeftively  as  far  as  the  River 
of  Matthias,  which  bordereth  upon  the  Coaft  of  Florida,  and  within  Thirty  One  Degrees  of  Northerrr  La- 
titude ;  and  fo  Weft,  in  a,direft  Line,  as  far  as  the  South-Seas  aforefaid.     Now, 

KNOW  YE,  That  we,  at  the  humble  requeft  of  the  faid  grantees,  in  the  aforefaid  letters  patents  named, 
and  as  a  further  mark  of  our  efpecial  favour  to  them,  we  are  gracioufly  pleafed  to  enlarge  our  faid  grant 
unto  them,  according  to  the  bounds  and  limits  hereafter  fpecified,  and  in  favour  to  the  pious  and  noble 
purpofe  of  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  A  fliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berke- 
ley, their  heirs  and  aflignsj  all  that  province,  territory  or  tra£l  of  land,  fituate,  lying  and  being  within  our 
dominions  of  America  aforefaid  extending  North  and  eaftward  as  far  as  the  North  End  of  Currituck  river 
*<!r  inlet,  upon  a  ftraight  Wefterly  line  to  Wyonoak  creek,  which  lies  within  or  about  the  degrees  of  thirty- 
fix  and  thirty  minutes.  Northern  latitude  ,•  and  fo  Weft,  in  a  direfl:  line,  as  far  as  the  South-Seas  ;  and 
South  and  Weft  ward,  as  far  as  the  degrees  of  twenty-nine,  incliifive,  of  Northern  latitude  ;  and  fo  Weft, 
in  a  dire£l:  line,  as  far  as  the  South-Seas  ;  together  with  all  and  fingular  the  ports,  harbours,  bays,  rivers 
and  inlets,  belonging  unto  the  province  and  territory  aforefaid  :  And  alfo,  all  the  foils,  lands,  fields,  woods 
mountains,  ferms,  lakes,  rivers,  bays  and  iflets,  fituate  or  being  within  the  bounds  or  limits  iaft  before 
mentioned  ;  with  the  fifliings  of  all  forts  of  fifh,  whales,  fturgeons,  and  all  other  royal  fifl-;,  in  the  fea, 
bays,  iflets  and  ri\'ers,  within  the  premifes,  and  the  fifti  therein  taken,  together  with  the  royalty  of  the  fea, 
upon  the  coaft,  within  the  limits  aforefaid;  and  moreover  all  veins,  mines  and  quarries,  as  well  difcovercd 
as  not  difcovered,  of  gold,  filver,  gems  and  precious  ftones,  metal  or  any  other  thing,  found,  or  to  be  found 
within  the  province,  territory,  iflets  and  limits  aforefaid  :  And  further  more,  the  patronage  and  advowfons 
Vol.  I.  B 


of  all  the  churches  and  chapels,  which,  as  Chrlftian  religion  (hall  increase  in  thfe  province,  territory,  ifletjr. 
and  limits  aforefaiJ,  (hall  happen  hereafter  to  be  erefled  ;  together  with  licence,  and  power  to  build  and 
found  churches,  chapels  and  oratories,  in  convenient  and  fit  places,  within  the  faid  bounds  and  limits  ;  and 
to  caufe  them  to  be  dedicated  and  coniecrated,  according  to  the  ecclefiaftical  laws  of  our  kingdom  of  En- 
gland -,  together  with  all  and  fingular  the  like  and  as  ample  rights,  jurifdidions,  privileges,  prerogatives, 
royalties,  liberties,  immunities  and  franchifes,  of  what  kind  foever,  within  the  territory,  ifles,  iflets  and  li- 
mits aforefaid  :  To  have,  hold,  ufe,  exercife  and  enjoy  the  fame,  as  amply,  fully  and  in  as  ample  manner, 
as  any  bjihop  of  Durham,  in  our  kingdom  of  England,  ever  heretofore  had,  held,  ufed  or  enjoyed,  or  of 
right  ought  or  could  have,  ufe  or  enjoy :  And  them  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of 
AlbermarJe,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  aflighs,  we  do,  by  thefe  prefents,  for  us,  our 
heirs  and  fuccelTors,  make,  create  and  conftitute,  the  true  and  abfolute  lords  and  proprietors  of  the  faid 
province  or  territory,  and  of  all  other  the  premifes  ;  faving  always  the  faith,  allegiance  and  fovereign  do- 
minion, due  to  us,  our  heirs  and  fucceflbrs,  for  the  fame  :  To  hold,  ^polTefs  and  enjoy  the  faid  provincej' 
territory,  iflets  and  all  and  fingular  other  the  premifes,  to  them  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  aflfigns  for  ever ;  to  be  holden  of  us, 
our  heirs  and  fucceflbrs,  as  of  our  manor  of  Eaft-Greenwich,  in  Kent,  in  free  and  common  foccage,  and 
not  in  capite,  or  by  knight's  fervice .-  Yielding  and  paying,  yearly,  to  us,  our  heirs  and  fucceflRjrs,  for  the 
fame,  the  fourth  part  of  all  gold  and  filver  ore,  which,  within  the  limits  hereby  granted,  (hall,  from  time 
to  time,  happen  to  be  found,  over  and  befides  the  yearly  rent  of  twenty  marks,  and  the  fourth  part  of  the 
gold  and  filver  ore,  in  and  by  the  faid  written  letters  patent  referved  and  payable. 

And  that  the  province  or  territory  hereby  granted  and  defcribed,  may  be  digjiified  with  as  lafge  tythe* 
and  privileges,  as  any  other  parts  of  our  dominions  and  territories  in  that  region  ,•  Know  ye.  That  we, 
of  our  further  grace,  certain  knowledge,  and  mere  motion,  have  thought  fit  to  annex  the  fame  tra£l  of 
ground  or  territory  unto  the  fame  province  of  Carolina  ;  and  out  of  the  fullnefs  of  our  royal  power  and 
prerogative,  we  do,  for  us,  our  heirs  and  fuccefTors,  annex  and  unite  the  fame  to  the  (aid  province  of 
Carolina. 

And  forasmuch  as  we  have  made  and  ordained  the  aforefaid  Edward  Earl  of  Clarendon,  George  Duke 
of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Car- 
teret, Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  affigns,  the  true  Lords  and  Proprie- 
tors of  all  the  province  or  territory  aforefaid  ;  Know  ye  therefore  moreover.  That  we,  repofing  efpecial 
truft  and  confidence  in  their  fidelity,  wifdom,  juftice,  and  provident  circumfpe£l:ion,  for  us,  our  heirs 
and  fuccefTors,  do  grant  full  and  abfolute  power,  by  virtue  of  thefe  prefents,  to  them  the  faid  Edward 
Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Antho- 
ny Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  af- 
figns,  for  the  good  and  happy  government  of  the  faid  whole  province  or  territory,  full  power  and  autho- 
rity, to  eredt,  conftitute,  and  make  feveral  counties,  baronies,  and  colonies,  of  and  within  the  faid 
provinces,  territories,  lands,  and  hereditaments,  in  and  by  the  faid  Letters  Patents,  granted,  or  men- 
tioned to  be  grSnted,  as  aforefaid,  with  feveral  and  difltinCt  jurifdi£lions,  powers,  liberties,  and  pri- 
vileges :  And  alfo,  to  ordain,  make,  and  ena£t,  and  under  their  feals,  to  publifh  any  laws  and  conftitu- 
tions  whatfoever,  either  appertaining  to  the  public  ftate  of  the  whole  province  or  territory,  or  of  any  dif- 
tinft  or  particular  county,  baronyj  or  colony,  or  of  or  within  the  fame,  or  to  the  private  utility  of  par- 
ticular perfons,  according  to  their  beft  dire£lions,  by  and  with  the  advice,  afTent  and  approbation,  of 
the  freemen  of  the  faid  province  or  territory,  or  of  the  freemen  of  the  county,  barony,  or  colony,  for 
which  fuch  law  or  conftitution  (hall  be  made,  or  the  greater  part  of  them,  or  of  their  delegates  or  depu- 
ties, whom,  for  enacting  of  the  faid  laws,  when,  and  as  often  as  need  (hall  require.  We  will,  that  the 
faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berk- 
ley, Anthony  I^ord  Alliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and 
their  heirs  or  afligns,  fhall,  from  time  to  time,  afl"emble  in  fuch  manner  and  form  as  to  them  fliall  feem 
beft  ;  and  the  fame  laws  duly  to  execute,  upon  all  people  within  the  faid  province  or  territory,  county, 
barony,  or  Colony,  or  the  limits  thereof,  for  the  time  being,  which  fhall  be  conftituted,  undet  the  pow- 
er, and  government  of  them  or  any  of  them,  either  failing  towards  the  faid  province^  or  territory  of  Ca- 
rolina, or  returning  from  thence  towards  England,  or  any  other  of  our,  or  foreign  dominions,  by  impofi. 


•ftiHiof  peaalties,>imprifoMment,  or  any  other  pumfliment ;  yea,  if  Uftiall  be  needful,  and  the  quality  of 
the  ofFence  require  it,  by  taking  away  member  and  life,  either  by  them  the  faid  Edward  Earl  of  Claren- 
tidn,  Geidtge  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  X<ord  Afhley, 
bir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs,  or  by  them,  or 
their  Deputies,  Lieutenants,  Judges,  Juftices,  Magiftrates  or  officers,  whatfoever,  as  well  within  the 
faid  province,  as  at  fea,  in  fuch  manner  and' form  as  unto  the  faid  Edward  Earl  of  Clarendon,  George 
Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Aftiley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs,  ihallfeem  moft  convenient  ? 
And  alfo,  to  remit,  releafe,  pardon,  and  aboliih,  whether  before  judgment  or  after,  all  crimes  and  of- 
fences whatfoever  againft  the  faid  laws  ;  and  to  do  all  and  every  thing  and  things,  which,  unto  the  com- 
^leat  eftabliflimentof  juftice,  unto  courts,  feffions,  and  forms  of  judicature,  and  manners  of  proceeding 
therein,  do  belong,  althoiigh  in  thefe  prefents  exprefs  mention  is  not  made  thereof ;  and  by  Judges  to 
him  or  them  delegated,  to  award  procefs,  hold  pleas,  and  determine,  in  all  the  faid  courts  and  places  of 
judicature,  all  adions,  fuits,  and  caufes  whatfoever,  as  well  criminal  as  civil,  real,  mixt,  perfonal,  or 
of  any  other  kind  or  nature  whatfoever  .•  Which  laws  fd  as  aforefaid  to  be  publiflied,  our  pleafure  is,  and 
we  d^  enjoin,  require,  and  command,  Ihall  be  abfolutely  firm  and  available  in  law  ;  and  that  all  the 
}iege  people  of  us,  our  heirs  and  fucceflbrs,  within  the  faid  province  or  territory,  do  obferve  and  keep 
the  fame  inviolably  in  thofe  parts,  fo  far  as  they  concern  them,  under  the  pains  and  penalties  therein  ex- 
prefled,  or  to  be  expreffed :  Provided  nevertheless ^  That  the  faid  laws  be  confonant  to  reafon,  and  as  near 
as  may  be  conveniently,  agreeable  to  the  laws  and  cuftoms  of  this  our  realm  of  England. 

And  bec:vufe  fugh  Aflemblies  of  freeholders  cannot  be  fo  fuddenly  called  as  there  may  be  occafion  to 
require  the  fame,  we  do  therefore,  by  thefe  prefents,  give  and  grant  unto  the  faid  Edward  Earl  of  Cla- 
rendon, George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afli- 
ley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  afligns,  by  them- 
felves,  or  their  magiftrates,  in  that  behalf  lawfully  authorifed,  full  power  and  authority,  from  time  to 
time,  to  make  and  ordain  fit  and  wholefome  orders  and  ordinances  within  the  province  or  territory  ^ore- 
faid,  or  any  county,  barony,  or  province,  within  the  fame,  to  be  kept  and  obferved,  as  well  for  the 
keeping  of  the  peace,  as  for  the  better  government  of  the  people  there  abiding,  and  to  publilh  the  fame 
to  all  to  whom  it  may  concern ;  Which  ordinances  we  do,  by  thefe  prefents,  ftraitiy  charge  and  com- 
mand to  be  inviolably  obferved  within  the  fame  province,  counties,  territories,  baronies  and  provinces, 
under  the  penalties  therein  expreffed  ;  fo  as  fuch  ordinances  be  reafonable,  and  not  repugnant  or  contra- 
ry, but  as  near  as  may  be,  agreeable  to  the  laws  and  ftatutes  of  this  our  kingdom  of  England  ;  and  fo  as 
the  fame,  ordinances  do  not  extend  to  the  binding,  charging,  or  taking  away  the  right  or  intereft  of  any 
perfon  or  perfons>  in  their  freehold,  goods,  or  chattels,  whatfoever. 

And  to  the  end  the  faid  province  or  territory  m^y  be  the  more  happily  increafedy  by  the  mnltitude  of 
people  reforting  thither,  and  may  likewife  be  the  more  ftrongly  defended  from  the  incurfions  of  favages, 
and  other  enemies,  pirates  and  robbers  :  therefore,  we,  for  us,  our  heirs  and  fucceffors,  do  give  and 
grant,  by  thefe  prefents,  full  power,  licence  and  liberty,  unto  all  the  liege  people  of  us,  our  heirs  and 
fucceffors,  in  our  kingdom  of  England,  and  elfewhere,  within  any  other  our  dominions,  iflands,  colo- 
nies, or  plantations,  (excepting  thofe  who  fhall  be  efpecially  forbidden)  to  tranfport  themfelves  and  fa- 
milies into  the  faid  province  or  territory,  with  convenient  (hipping  and  fitting  provifion  ;  and  there  to 
fettle  themfelves,  dwell,  and  inhabit  ••  Any  law,  a£t,  ftatute,  ordinance,  or  other  thing,  to  the  contra- 
ry, notwithftanding. 

And  we  will  alfo,  and  of  our  efpecial  grace,  for  us,  our  heirs  and  fucceffors,  do  ftraitiy  enjoin,  or- 
dain, conftitute,  and  command,  that  the  faid  province  and  territory  (hall  be  of  our  allegiance  i  and  that 
all  and  Angular  the  fubjefts  and  liege  people  of  us,  our  heirs  and  fucceffors,  tranfported,  or  to  be  tranf- 
ported  into  the  faid  province,  and  the  children  of  them,  and  fuch  as  (hall  defcend  from  them  there  born, 
or  hereafter  to  be  born,  be,  and  Ihall  be  denizens  and  liegea  of  us,  our  heirs  and  fucceffors,  of  this  our 
kingdom  of  England,  and  be  in  all  things,  held,  treated,  and  reputed,  as  the  liege  faithful  people  of  us, 
our  heirs  and  fuccefforsr  born  Within  this  our  faid  kingdom,  or  any  other  of  our  dominions  ;  and  may 
inherit  or  otherwife  purchafe  and  receive,  take,  hold,  buy  and  poffefs,  any  lands,  tenements,  or  heredi- 
taments, within  the  faid  places,  and  them  may  occupy  and  enjoy,  •fell,  alien,  and  bequeath  :  as  likewife, 
all  liberties,  franchifes,  and  privileges,  of  this  our  kingdom,  and  of  other  our  dominions  aforefaid,  may 
freely  and  quietly  have,  poffefs,.  and  enjoy,  as  our  liege  people,  born  within  the  fame,  without  the  mo- 


legation,  vexation,  trouble,    or  grievance,  of  us,  our  heirs  and  fucceflbrs;  Anj*  a£\:,  ftatute,  ordinance, 
or  provifion,  to  the  contrary,  notwithftanding. 

And  furthermore,  that  our  fubj efts  of  this  our  faid  kingdom  of  England,  and  other  our  dominions, 
may  be  the  rather  encouraged  to  undertake  this  expedition,  with  ready  and  chearful  means :  Know  ye, 
That  we,  of  our  efpecial  grace ,  certain  knowledge,  and  mere  motion,  do  give  and  grant,  by  virtue  of 
thefe  prefents,  as  well  to  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  tSir  John  Colleton, 
and  Sir  William  Berkeley,  and  their  heirs,  as  unto  all  others  as  fliall,  from  time  to  time,  repair  unto 
the  faid  province  or  territory,  with  a  purpofe  to  inhabit  there,  or  to  trade  with  the  natives  thereof;  full 
liberty  and  licence,  to  lade  and  freight,  in  every  port  whatfoever,  of  us,  our  heirs  and  fucceflbrs  and  into 
the  faid  province  of  Carolina,  by  them,  their  fervants  and  affigns,  to  tranfport  all  and  fingular  their  goods, 
wares  and  merchandifes  ;  as  likewjfo  all  forts  of  grain  whatfoever,  and  any  other  thing  whatfoever,  ne- 
ceflary  for  their  food  and  cloathing,  not  prohibited  by  the  laws  and  ftatutes  of  our  kingdom  and  domini- 
ons, to  be  carried  out  of  the  fame,  M'ithout  any  let  or  moleftation  of  us,  our  heirs  and  fucceflbrs,  or  of 
any  other  our  officers  or  miniftiers  whatfoever  ;  faving  alfo  unto  us,  pur  heirs  and  fucceflbrs,  the  cuftoms, 
and  other  duties  and  payments,  due  for  the  faid  wares  and  merQhandifes,  according  to  the  feveral  rates  of 
the  places  from  whence  the  fame  fliall  be  tranfported.  «     -.  ...    ■ 

WE  will  alfo,  and  by  thefe  prefents,  for  us,  our  heirs  and  fucceflbrs,  do  give  and  grant  licence,  by  this 
cur  charter,  unto  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Cra- 
ven, John  Lord  Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William 
iRerkeley,  and  their  heirs  and  sflTigns,  and  to  all  the  inhabitants  and  dwellers  in  the  province  or  territory  a- 
forefaid,  both  prefent  and  to  come,  ful!  power  and  ^bfolute  authority,  to  import  or  unlade,  by  themfelves 
or  their  fervants,  faftors  or  afligns,  all  merchandizes  and  goods  whatfoever   that  (hall  arife  of  the  fruits 
and  commodities  of  the  faid  province  or  territory,  either  by  land  or  fea,  into  any  the  ports  of  us,  our 
heirs  and  fucceflbrs,  in  our  kingdom  of  England,  Scotland,  c.  Ireland,  or  otherwife  to  difpofe  of  the  faid 
goods  in  the  faid  ports;  and  if  need  be,'within  one  year  next  after  the  unlading,  to  lade  the  faid  merchandize 
and  goods  again,  into  the  fame  or  other  fliips,  and  to  export  the  fame  into  »ny  other  countries,  either  of 
our  dominions  or  foreign,  being  in  a;nity  with  us,  our  heirs  and  fucceflbrs,  fo  ns  they  pay  fuch  cufloms, 
fubfidies  and  other  duties,  for  the  fame,  to  us.  our  heirs  and  fucceflbrs,  as  the  reft,  of  our  fubje£ls  of  this, 
our  kingdom,  for  the  time  being,  {hall  be  bound  to  pay  ;  beyond  v/hich,  we  will  not,  that  the  inhabitants 
of  the  faid  province  or  territory,  fhall  be  any  ways  charged  .-  Provided  neverthelefs,  and  our  will  and  plea- 
fure  is,  and  we  have  further,  for  the  confiderations  aforefaid,  of  pur  efpecial  grace,  certain  knowledge  and 
mere  motion,  given  and  granted,  and  by  thpfe  prefents,  for  us,  our  heirs  and  fucceflbrs,  do  give  and  grant 
unto  the  faid   EJwai,-d  Earl  of  CUrcndon,  Georgp  Duke  of  Albermarle,  William   Earl  of  Graven,  John 
Lord  Berkeley^  A nt'ionv  Lord  Afl)ley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  heirs  and  afligns,  full  and  free  licence,  power  and  authority,  at  any  time  or  times,  from  and  after  the 
feafl:  of  St.  Michael  the  archangel,  which  fliall  be  in  the  year  of  our  Lord  Chrift  one  thoufand  fix  hundred 
and  fixty-feven,  Vis  well  to  import  and  bring  into  ary  of  oyr  dominions,  from  the  faid  province  of  caroi.i- 
KA,  or  any  part  thereof,  the  fevcril  o:QGrls  lierein  after  mentioned  ;  that  is  to  f\iy,  filks,  wines,  raifins,  capers, 
wax,  alm.onds,  oil  and  olives,  without  paying  or  anfwering  to  us,  our  heirs  vmd  fucceflbrs,  any  cufl:om,  im- 
pofl.  or  other  duty,  for  or  in  refpeft  thereof,  for  and  during  the  term  and  fpace  of  fcven  years,  to  commence 
and  be  accounted  from  and  after  the  importation  of  four  tons  of  any  of  the  faid  goof's,  in  any  one  bottom, 
fliip  or  veflbl,  from  the  faid  province  or  territory,  into  any  of  our  dominions  ;  as  alfo,  to  export  and  carry 
out  of  any  of  our  dominions,  into  the  faid  province  or  territory,  cuftom-free,  all  forts  of  tools,  which  (hall 
be  ufeful  or  neceflary  for  the  planters  tliere,  in  the  accommodation  and  improvement  of  the  premifes  :   A- 
ny  thing  before  in  thefe  prefents  contained,  or  any  law,  aft,  fl;atute,  prohibition  or  other  matter  or 
thing,  heretofore  had,  made,  enafted  or  provided,  in  any  wife,  notwithftanding. 

AND  further  more,  of  our  more  ample  and  efpecial  grace,  certain  knowledge  and  mere  motion,  we  do, 
for  us,  our  heirs  and  fucceflbrs,  grant  unto  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle, 
Waliam  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  John  Col- 
leton, and  Sir  William  Berkeley,  their  heirs  and  afligns,  full  and  abfolute  power  and  authority,  to  make,  e- 
reft  and  conftitute,  within  the  faid  province  or  territory,  and  the  ifle?  and  iflets  aforefaid,  fuch  and  fo 
many  fea-ports,  harbours,  creeks  and  other  places,  for  difcharge  and  unlading  of  goods  and  merchandizes, 
out  of  fliips,  boats  and  other  veflTels,  and  for  lading  of  them,  in  fuch  and  fo  many  places,  with  fuch  jurit 


<!iftions,  privileges  and  franchifes  unto  the  faid  ports  belonging,  as  to  them  fhall  feem  moft  expedient  -, 
and  that  all  and  fingular  the  fhips,  boats  and  other  veflels,  which  fhall  come  for  merchandizes  and  trade 
into  the  faid  province  or  territory,  or  (hall  depart  out  of  the  fame,  ihall  be  laden  and  unladen  at  fuch  ports 
only  as  fhall  be  eredled  and  conftituted  by  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle, 
William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Col- 
leton, and  Sir  William  Berkeley,  their  heirs  and  afTigns,  and  not  elfewhere:  Any  ufe,  cullom  or  thing  to 
the  contrary,  notwithftanding. 

And  we  do  further  will,  appoint  and  ordain,  andby  thefe  prefents,  for  us,  our  heirs  and  fuccefTors,  do 
grant  unto  the  faid  Edward  earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
and  their  heirs  and  afSgns,  that  they  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle, 
William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Col- 
leton, and  Sir  William  Berkeley,  their  heirs  and  afligns,  may,  from  time  to  time,  for  ever,  have  and  enjoy 
the  cuftoms  and  fubfidies,  in  the  ports,  harbours,  creeks  and  other  places  within  the  province  aforefaid^ 
payable  for  the  goods,  wares  and  merchandizes  there  laded,  or  to  be  laded  or  unladed  ;  the  faid  cuftoms 
to  be  reafonably  afTefTed,  upon  any  occafion,  by  themfelves,  and  by  and  with  the  confent  of  the  free  peo- 
ple, or  the  greater  part  of  them,  as  aforefaid  ;  to  whom  we  give  power,  by  thefe  prefents,  for  us,  our  heirs 
and  fuccefTors,  upon  jufl  caufe,  and  in  due  proportion  to  aiTefs  and  impol'e  the  fame. 

And  further,  of  out  efpecial  grace,  certain  knowledge  and  mere  motion,  we  have  given,  granted  and 
.confirmed,  and  by  thefe  prefents,  for  us,  our  heirs  and  fucceflbrs,  do  give,  grant  and  confirm,  unto  the  faid 
Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley, 
Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and 
^fSgns,  full  and  alifolute  power,  licence  and  authority,  that  they  the  faid  Edward  Earl  of  Clarendon, 
George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  alTigns,  from  time  to  time 
Jiereafter,  for  ever,  at  his  and  their  will  and  pleafure,  may  alTign,  alien,  grant,  demife  or  enfeoff,  the  pre- 
mifes,  or  any  part  or  parcel  thereof,  to  him  or  them  that  fhall  be  willing  to  purchafe  the  fame,  and  to 
fuch  perfon  and  perfons  as  they  fhall  think  fit  ;  to  have  and  to  hold  to  them,  the  faid  perfon  or  perfous, 
their  heirs  and  afligns,  in  fee  fimplcj  or  in  fee  tail,  or  for  term  of  life  or  lives,  or  years;  to  be  held  of  them 
the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
heirs  and  affigns,  by  fuch  rents,  fervices  and  cuftoms,  as  fhall  feem  fit  to  them  the  faid  Edward  Earl  of 
Clarendon,- George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  afTigns,  and 
not  of  us,  our  heirs  and  fuccefTors  :  And  to  the  fame  perfon  and  perfons,  and  to  all  and  every  of  them> 
we  do  give  and  grant,  by  thefe  prefents,  for  us,  our  heirs  and  fuccefTors,  licence,  authority  and  power, 
that  fuch  perfon  or  perfons  may  have  and  take  the  premifes,  or  any  part  thereof,  of  the  faid  Edward  Earl 
of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  afTigns  ;  and 
the  fame  to  hold  to  thanfelves,  their  heirs  and  afTigns,  in  what  eftate  of  inheritance  foever,  in  fee  fimple, 
or  fee  tail,  or  otherwife,  as  to  them  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle, 
William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colle- 
ton, and  Sir  William  Berkeley,  their  heirs  or  afligns.  fhall  feem  "xped-'^nt;  the  ftatute  in  the  parliament  of 
Edward,  fon  of  king  Henry,  heretofore  king  of  England,  our  predecefTor,  commonly  called  the  ftatute  of 
^la  eivptores  Terrarum  or  any  other  ftatute.- aft,  ordinance,  ufe,  law,  cuftom  or  any  other  matter,  caufe  or 
thing,  heretofore  publifhed  or  provided  to  the  contrary,  in  any  wife,  notwithftanding. 

And  becaufe  many  perfons,  born  and  inhabiting  in  the  faid  province,  for  their  deferts  and  fervices, 
may  expe£t  and  be  capable  of  marks  of  honour  and  favour,  which,  in  refpeft  of  the  great  diftance,  can- 
not be  conveniently  conferred  by  us  ;  our  will  and  pleafure  therefore  is,  and  we  do  by  thefe  prefei^ts, 
give  and  grant  unto  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  ' 
Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir 
William  Berkeley,  and  their  heirs  and  afligns,  full  power  and  authority,  to  give  and  confer  unto  and  up- 
on fuch  of  the  inhabitants  of  the  faid  province  or  territory,  as  they  (hall  think  do  or  fhall  merit  the  fame. 
Vol.  L  C 


fu^h  marks  of  favour  and  titles  of  honour,  as  they  (hall  think  fit ;  fo  as  their  titles  or  honours  be  not  the 
fame  as  are  enjoyed  by  or  conferred  upon  any  of  the  fubjedls  of  this  our  kingdom  of  England. 

And  further  alfo,  we  do,  by  thefe  prefents,  for  us,  our  heirs  and  fuccelFors,  give  and  grant  licence  to 
the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Alhermarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  John   Colleton,  and  Sir  William  Berkeley, 
and  their  heirs  and  affigns,  full  power,  liberty  and  licence,  to  ereft,  raiie  and  build,  within  the  faid  pro- 
vince and  places  aforefaid  or  any  part  or  parts  thereof,  fuch  and  fo  many  forts,  fortrefles,   caftles,  cities, 
boroughs,  towns,  villages,  and  other  fortifications  whatfoever  ;  and  the  fame,  or  any  ©f  them,  to  for- 
tify and  furnifh  with  ordnance,  powder,  fhot,  armour,  and  all  other  weapons,  ammunition,  and  habili- 
ments of  war,  both  defenfive  and  ofFenfive,  as  fliall  be  thought  fit  and  convenient,  for  the  fafety  and  wel- 
fare of  the  faid  province  and  places,  or  any  other  part  thereof ;  and  the  fame,  or  any  of  them,  from  time 
to  time,  as  occafion  (hall  require,  to  difmantle,  disfarnifh,  demolifli  and  pull  down  ;     And  alfo  to  place, 
conftitute  and  appoint,  in  or  over  all  or  any  of  the  faid  caftles,  forts,  fortifications,  cities,   towns,  and 
places  aforefaid.  Governors,  Deputy-Governors,  Magiftrates,  Sheriffs,  and   other  officers,   civi'  and  mi- 
litary, as  to  them  Ihall  feem  meet :  And  to  the  faid  cities,  boroughs,  towns,  villages,  or  any  other  place 
or  places,  within  the  faid  province  or  territory,  to  grant  letters  or  charteis  of  incorporation,  with  all  li- 
berties, franchifes,  and  privileges,  requifite  or  ul'ual,  or  to  or  within  this   our  kingdom  of   England 
granted  or  belonging ;  and  in  the  fame  cities,  boroughs,  towns,  and  other  places,  to  conftitute,    ere£t 
and  appoint  fuch  and  fo  many  markets,  marts,  and  fairs,  as  fhall,  in  that  behalf,  be  thought  fit  and  necef- 
fary :  And  further  alfo,   to  ere£l  and  make  in  the  province  or  territory  aforefaid,  or  any  part  thereof,  fo 
many  manors,  with  fuch  fignories  as  to  them  (hall  feem  meet  and  convenient ;  and  in  every  of  the  fame 
manors,  to  have  and  to  hold  a  Court-Baron,  with  all  things  whatfoever  which  to  a  Court-Baron  do  be- 
long ;   and  to  have  and  to  hold  views  of  Frank-Pledge  and  Court-Leets,  for  the  confervation  of  the  peace 
and  better  government  of  thole  parts,  with  fuch  limits,  jurifdiclions  and  precincts,  as  by  the  faid  Edward 
Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,   John  Lord   Berkeley,  Antho- 
ny Lord  Alhley,  .Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  or  their  heirs,  fhall 
be  appointed  for  that  purpofe,  with   all  tilings  whatfoever  which   to  a  Court-Leet,  or  view  of  Frank- 
Pledge,  do  belong  j  the  fame  courts  to  be  holden  by  ftewards,  to  be  deputed  and  authorifed  by  the  faid 
Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,    John  Lord   Berkeley, 
Anthony  Lord  Afliley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  or  their  heirSy 
by  the  Lords  of  the  manors  and  leets,  for  the  time  being,   when  the  fame  (hall  be  ere£led. 

And  becaufe  that  in  fo  remote  a  country,  and  fituate  among  fo  many  barbarous  nations,  the  invafioris  of 
favages  and  other  enemies,  pirates,  and  robbers,  may  probably  be  feared  ;  therefore,  we  have  given,  and 
for  us,  our  heirs  and  fucceflors,  do  give  power  by  thefe  prefents,  unto  the  faid  li,dward  Earl  of  Clarendon, 
George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  or  affigns,  by  ihemfelves,  or  their 
Captains,  or  other  officers,  to  levy,  mufter,  and  train  up  all  forts  of  men,  of  what  condition  foever,  or  where- 
foever  born,  whether  in  th2  faid  province,  or  elfe  where,  for  the  time  being  j  and  to  make  war,  and  pur- 
fue  the  enemies  aforefaid,  as  well  by  fea,  as  by  land  ;  yea,  even  without  the  limits  of  the  faid  province, 
and,  by  God's  affiftance,  to  vanquilh,  and  take  them  j  and  being  taken,  to  put  them  to  death,  by  the 
law  of  war,  and  to  fave  them  at  their  pleafure,  and  to  do  all  and  every  other  thing,  which  to  the  charge 
and  office  of  a  Captain-General  of  an  army,  hath  had  the  fame. 

Alfo,  our  will  and  pleafure  is,  and  by  this  our  charter,  we  do  give  and  grant  unto  the  faid  Edward 
Earl  of  Clarendon,  Gaorge  Duke  of  Albermarle,  William  Earl  of  Craven,  J  ohn  Lord  Berkeley,  Antho- 
ny Lord  Alhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and  af- 
figns, full  power,  liberty,  and  authority,  in  cafe  of  rebellion,  tumult,  or  fedition,  (if  any  ihould  happen, 
which  God  forbid)  either  upon  the  land  within  the  province  aforefaid,  or  upon  the  nfiain  fea,  in  making 
a  voyage  thither,  or  returning  from  thence,  by  him  and  themfelves,  their  Captains,  Deputies  ,or  officers, 
to  be  luthorifed  under  his  or  their  feals,  for  that  purpofe  ;  to  whom  alfo,  for  us,  our  heirs  and  fuccelTors, 
we  do  give  and  grant,  by  thefe  prefents  full  power  and  authority,  to  exercife  martial  law  againft  any 
mutinous  and  feditious  perfonsof  thefe  parts  ;  fuch  as  (hall  refufe  to  fubmit  themfelves  to  their  govern- 
ment, or  (hall  refufe  to  ferve  in  the  war,  or  (liall  fly  to  the  enemy,  or  forfake  their  colours  or  enfigns,  or 
be  loiterers,  or  ftragglers,  or  otherwife  offending  againft  law,  guftom,   or  military  difcipline  -,  as  freely 


and  in  as  ample  manner  and  form,  as  ai:'/  Captain-General  of  an  array,  by  virtue  ot  his  office,  might  or 
hath  accuftomed  to  ufe  the  fame. 

And  our  further  pleafure  is,  and  by  thefe  prefents,  for  us,  our  heirs  and  fucceflbrs,  we  do  grant  unto 
the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Alhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  heirs  and  affigns,  and  to  the  tenants  and  inhabitants  of  the  faid  province  or  territory,  both  prefent 
and  to  come,  and  to  every  of  them,  that  the  faid  province  or  territory,  and  the  tenants  and  inhabitants 
thereof,  fhall  not,  from  henceforth,  be  held  or  reputed  any  member  or  part  of  any  colony  whatfoever  in 
America,  or  elfewhere,  now  tranfported  or  made,  or  hereafter  to  be  tranfported  or  made  ;  nor  (hall  be 
depending  on,  or  fubje£l  to  their  government  in  anything,  but  be  abfolutely  feparated  and  divided  from 
the  fame  .-  and  our  pleafure  is,  by  thefe  prefents,  that  they  be  feparated,  and  that  they  be  fubjeft  imme- 
diately to  our  Crown  of  England,  as  depending  thereof,  forever  ;  And  that  the  inhabitants  of  the  faid 
province  or  territory,  nor  any  of  them,  fhall,  at  any  time  hereafter,  be  compelled  or  compellable,  or  be 
any  ways  fubjeifl  or  liable  to  appear  or,  anfwer  to  any  matter,  fuit,  cawfe  or  plaint  whatfoever,  out  of  the 
province  or  territory  aforefaid,  in  any  other  of  our  iflands,  colonies,  or  dominions  in  America,  or  elfe- 
where, other  than  in  our  realm  of  England,  and  dominion  of  Wales. 

And  becaufe  it  may  happen  that  fome  of  the  people  and  inhabitants  of  the  faid  province  cannot,  in 
their  private  opinions,  conform  to  the  public  exercife  of  religion,  according  to  the  liturgy,  forms,  and 
ceremonies  of  the  Church  of  England,  or  take  and  fubfcribe  the  oaths  and  articles  made  and  eftablifhed 
in  that  behalf;  and  for  that  the  fame,  by  reafon  of  the  remote  diftances  of  thofe  places,  will,  as  we  hope, 
be  no  breach  of  the  unity  and  conformity  eftablifhed  in  this  nation  ,•  our  will  and  pleafure  therefore  is, 
and  we  do,  by  thefe  prefents,  for  us,  our  heirs  and  fucceflbrs,  give  and  grant  unto  the  faid  Edward 
Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  An- 
thony Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and 
afTigns,  full  and  free  licence,  liberty,  and  authority,  by  fuch  ways  and  means  as  they  fhall  think  fit,  to  give 
and  grant  unto  fuch  perfon  or  perfons,  inhabiting  and  being  within  the  faid  province  or  territory,  hereby, 
or  by  the  faid  recited  Letters  Patents  mentioned  to  be  granted  as  -aforefaid,  or  any  part  thereof,  fuch  in- 
dulgences and  difpenfations,  in  that  behalf,  for  and  during  fuch  time  and  times,  and  with  fuch  limita- 
tions and  reftridions,  as  they  the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton, 
and  Sir  William  Berkeley,  their  heirs  or  afligns,  fhall  in  their  difcretion,  think  fit  and  reafonable  :  And 
that  no  perfon  or  perfons  unto  whom  fuch  liberty  fhall  be  given,  fhall  be  any  way  molefled,  punifhed, 
difquieted,  or  called  in  queftion,  for  any  differences  in  opinion,  or  pra£tice  in  matters  of  religious  con- 
cernments, who  do  not  adlually  difturb  the  civil  peace  of  the  province,  county  or  colony,  that  they  fhall 
make  their  abode  in  .•  But  all  and  every  fuch  perfon  and  perfons  may,  from  time  to  time,  and  at  all  times 
freely  and  quietly  have  and  enjoy  his  and  their  judgments  and  confciences,  in  matters  of  religion,  through- 
out all  the  faid  province  or  colony,  they  behaving  thcmfelves  peaceably,  and  not  ufing  this  liberty  to  licen- 
tioufnefs,  nor  to  the  civil  injury,  or  outward  dillurbance  of  others :  Any  law,  ftatute,  or  claufe,  contain- 
ed or  to  be  contained,  ufage  or  cuftom  of  our  realm  of  England,  to  (he  contrary  hereof,  in  any-wife,  not- 
withftanding. 

And  in  cafe  it  fhall  happen,  that  any  doubts  or  queftions  fhall  arife,  concerning  the  true  fenfe  and 
underftanding  of  any  word,  claufe,  or  fentence  contained  in  this  our  prefent  charter  ;  we  will,  ordain, 
^nd  command,  that  in  all  times,  and  in  all  things,  fuch  interpretations  be  made  thereof,  and  allowed  in 
all  and  every  of  our  courts  whatfoever,  as  lawfully  may  be  adjudged  moft  advantageous  and  favourable  to 
the  faid  Edward  Earl  of  Clarendon,  George  Duke  of  Albermarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Afhley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  heirs  and  afligns,  although  exprefs  mention,   &c. 

Witnefs  ourfelf,  at  Weftminfter,  the  thirtieth  day  of  June,  in  the  feventeenth  year  of  our  reign. 

Per  ipsum  Regem. 


GREAT  DEED  OF  GRANT, 


GEORGE  Duke  of  Albermarle,  Mafter  of  his  Majefty's  Horfe  ;  Edward  Earl  of  Clarendon  ;  Willi- 
am  Earl  of  Craven  ;  John  Lord  Berkeley  ;  Anthony  Lord  Aftiley,  Chancellor  of  the  Exchequer  ; 
Sir  George  Carteret,  Vice-Chamberlain  of  his  Majefty's  Houfehold;  Sir  William  Berkeley,  Knight;  and 
Sir  John  Colleton,  Baronet ;  the  true  and  abfolute  Lords  Proprietors  of  all  the  Province  of  Carolina. 

To  our  trujiy  and  well  beloved  SAMUEL  STEPHENS,  E/q  ;  Governor  of  our  County  of  Albermarle ,  and 
the  Ifles  and  IJlets  within  Ten  Leagues  thereof  j  and  to  our  trufly  end  well  beloved  Couna'tllors  and  Ajftjlants 
to  our  f aid  Governor.     Greeting. 

WHEREAS  we  have  received  a  Petition  from  the  Grand  Affembly  of  our  County  of  Albermarle, 
praying.  That  the  Inhabitants  of  the  faid  County  may  hold  their  Lands  upon  the  fame  Terms 
and  Conditions  that  the  Inhabitants  of  Virginia  hold  theirs  \  and  forafmuch  as  the  faid  County  doth  bor- 
der upon  Virginia,  and  is  much  of  the  fame  Nature,  We  are  content  and  do  grant,  that  the  Inhabitants 
of  the  faid  County  do  hold  their  Lands  of  us,  the  Lords  Proprietors,  upon  the  fame  Terms  and  Conditions 
that  the  Inhabitants  of  Virginia  hold  theirs  :  WHEREFORE,  be  it  known  unto  all  Men,  by  thefe  Pre- 
fents,  That  we,  the  faid  Lords  and  abfolute  Proprietors  of  the  County  within  the  Province  aforefaid,  have 
given,  granted,  and,  by  thefe  Prefents,  do  give  arid  grant,  full  Power  and  Authority  untp  you,  the  faid 
Governor,  by  and  with  the  Confent  of  our  Council,  or  the  major  Part  thereof,  or  to  any  Governor  for 
the  Time  being,  or  that  fhaU  hereafter  be  by  us  appointed,  full  Power  and  Authority,  by  and  with  the 
Confent  of  our  Council  then  being,  or  the  major  Part  thereof,  to  convey  and  grant  fuch  Proportions  of 
Land,  as,  by  our  Inftrud ions  and  Conceflions  annexed  to  our  Commiflion,  bearing  Dute  inOttober,  An^ 
no  Dom.  1667,  we  have  appointed,  to  fuch  Perfons  as  fliall  come  into  our  faidCounty  to  plant  or  inhabit  ; 
to  be  held  of  us,  our  Heirs  and  Affigns,  upon  the  fame  Terms  and  Conditions,  that  Land  is  at  prefent  ufu- 
ally  granted  in  Virginia;  any  thing  in  our  Inftrudions  and  Conceflions  aforefaid  to  the  contrary,  not- 
withftanding  :  And  we  do  hereby  Declare  and  Confent,  that  the  Warrant  to  the  Surveyor  for  the  lapng 
out  of  faid  Land,  and  the  Return  thereon  being  regiftered,  and  alfo  the  Grant  of  you  our  faid  Qovernor 
and  Council,  that  ihall  be  where  fuch  Land  is  <lue  having  the  Seal  of  the  Country  aifixed  to  it,  and  figned 
by  yourfelf,  and  major  Part  of  our  Council,  for  the  Time  being,  being  regiftered,  fhall  be  good  and  efFecr 
tual  in  Law,  for  the  Enioyment  of  the  faid  I^and  or  Plantation,  and  all  the  Benefits  and  Profits  of  and  in 
the  fame,  (except  one  Half  of  all  Gold  and  Silver  MinesJ  to  the  Party  to  whom  it  is  granted,  his  Heirs 
and  Afligns  for  ever,  he  or  they  performing  the  Conditions  aforefaid. 

GIVEN  under  our  Hands,  and  Great  Sedof$urProvm~eithefirJlofMay,is.mo  Domini  One  Thoufand 
Six  Hundred  and  Si^ty-Eight. 

Albermarle,    Craven, 
Berkeley,  Ashley, 

^Carteret,        Colleton. 


THE 


PUBLIC     ACTS 


O  F   THE 


GENERAL  ASSEMBLY, 


At  a  General  Biennial  ASSEMBLY,  held  at  the  house  of  Capt.  Richard  San-    JJj^ 
DERSON,  at  Little-Uiver,  begun  on  the  17th  day  of  November,    1715,  and  ch^rlbs 
continued,  by  several  Adjournments,  until  the  19th  day  of  January,  1715.  ^^^^=;;J,^^' 


Jin  a£l  concerning  marriages,     obsolete. 

An  aSI  concerning  (ransferring  rights,     obs. 

An  a(i  (Oncerning  defraying  the  charges  of  t/n  Governor  and  Council.     oBs. 

A%  aB  prohihitingjirangtrs  trading  with  the  Indians,     obs. 

An  a&Jor  the  Jfetdy  ftUlim^nt  of  lands,    obs. 

An  aSl  exempting  ntw- comers  from  paying  ItvUsjor  eneyear.    €bs. 


CHAP.  1; 
CHAP.  2. 
CHAP.  3. 
CHAP.  4. 
CHAP.  5. 
CHAP.   6. 


ifin  aSl  for  the  better  obferving  the  Lord's  day  called  Sunday,  the  30M  oj  January,  the  29th  of  May,  cHAP.  7. 
and  the  22d  of  September  ;  and  alfojor  thefupprejfing  prophanenefs,  immorality,  and  divers  othtr  Rep.  I,  1741, 
vicious  and  enormous  sins.,  -  ^** 

An  aB  for  e^ablifhing  the  church,  and  appointing  feleB  vejlries,  CHAP.  8. 

Rep.  1,1741|23, 

4a  aBJor  liberty  of  confcience,  a^d  that  the  foltmn  affirmation  of  the  people  called  Quakers,  Jhall  be  chap.  9. 

accepted,  injiead  of  an  oath  in  the  ufualform.  The  objects  of 

this  aa  provJdedfor  much  more  extensively  by  the  Constitution  of  1776,  and  subsequent  afls  of  Assembly. 

4n  aB  .relating  to  the  biennial,  and  other  A/Temblies  ;  and  regulating  elections  and  memlers.  chap.  10^ 

Repealed  by  his  Majesty's  order. 

Coroners  appointed.  CHAP.  11. 

The  objeQs  of  this  ad  prcvided  for  by  subsequent  acts; 

An  act  Jot  qualification  of  public  ojffictrs,    obs. 


CHAP.   12. 


Vol.  L 


An  act  to  appsint  Conflables. 
D 


CHAP.    13. 
Rep.  1, 1741, 5. 


^^  iilli  *'"^'"  ^**     ^"""'^''^"fSto^tktJuPJctscJth.CounrfPi.as,  and  t, prevent  tht  C ommU.ianers* 

Re„.e':Zr'„o  effect  b,.ub.e,aen:  Z     ''^""  ''^'"^"^  ^^^^'■■'  '^'^'^^^'^  '"''"'^  ^^'^'^^^S  «^  ^^^*rn«.. 

R^^it  2  ^^  '''^  ^/"'''^'"^■''^  ^^' /'W  and  rnethodfor  the  exeeutinz  0nd  return  of  original  urits  and/or  thA 
«V.  J.,  i^'it>,^.  h^^i^ ^  regulating  divers  proceedings  in  the  Court  oj  Pleas. 

CHAP.   16.  /"^^^ff'^f't  the  methdio  he  ohferved  in  the  examimtion  and  commitment  efcriMn^h. 

R,;i„T.ted  R^/"  '"f'^hh's£.>^ceUency  the  Palatine  ar,d  the  reft  of  the  true  and  ahfolute  Lords  Proprietors  of  Car^ 

::Zr::L  nI?p7:  ^^""/Iff'  '"^''"'  '"^^f"/^"'/*^"  Pr^M  General  Affembtyincnv^et  at  LitUe  River ,  for  the 
irati.n  Ma-  ^°^f^  t.aftpart  of  the f aid  province,  and  zt  is  hereby  enaEied,  That  from  henceforward,  nO  perfon  within  this 
J.S  rates  shall  provmce  fhall  be  committed  to  pnfon  for  any  criminal  matter,  until  examination  thereof  be  firft  had  hf^ 
t^T'-'^^ll^^-^'^lf^  admit  theparty  to  bail,  if  bailable,  aid  ftdl  recout  S." 

S.au  record  ^,^*™"^^^°P  °^  5^«  P^'^y*  ^"^  ^Ifo  the  full  matter  given  in  evidence,  both  againft  him  and  for  him,  with 
the  examma-    a"  Concurring  circumftaHces  ;  and  fhall  take  recognizance;  with  good  and  fufficient  fecurities.  to  our  '^ti 

^idencra  '^'^  ""f'^''  P'-°^»"'=«  ^o  dired  ;  and  likewife  for  all  evidences  for  the  King  to  appearand  give  evidence 
gainst  and  for  againft  the  criminal,  at  the  next  court,  where  the  matter  is  cognizable,  enfuing  fuch  examinSion  •  which 
Sh"i  take  re  fT'"''^  '"^  '■^^°g"'^"^«s  '"^  ^^^^^^  A^all  be  returned  to  the  office  of  the  coait  wherein  the  maTtw  S 
cog^^i:  tt  1^^  "'tf  ;  "v"  ^^7'"'';^  of  five  pounds  for  every  neglea  ,  one  half  to  the  lords  propJLorrand  he 
prosecute  and    ^^^er  half  to  him  or  them  that  fliall  fue  for  the  fame  :  to  be  recovered  in  any  court  within  this  govern 

SaHf  ^  SXtS^lt'd'o'^ad^^^^^  '  ^"^'"  "^  effoin,  proteaion,  i^junOion.  o?w,ge; 

urn  a    to  the  n  »xi  ccurt,  where  the  matter  is  to  be  tried,   under  penahy  of  Si-  for  every  negleft. 

C«AP.  17.  ^         ,  ■  J 

Rep.  2, 1746  2  Concerning  tvidences.. 

Rfp'!2;i746;2/"*''-^'''''^'''^'Ve//«^^  credUors  whoft  debtors  having  lands  i«  this  government,  depart,  withiiut 

UavinTperfonateJlatefuJfficient  to  pay  their  debts. 

CHAP     IQ 

■'^n  a£l,  concerning  efcapes  ofperfons  under  exectttion.     OBS. 

Provi'dld^f!;     "^^  '^'  '"  ^^^  *^  ^^^'^"^  '^  ^''^'  f'"  T"r  T"'""  '•  """^  >  '*'  *''''"  ''^"^"'^"^  ofdi/trej.^^iereafte, 
bv  suWnu^nt.  ,^.  u   J  to  l»  made,  far  levies  and  quit-rents.  '' 

y  sMosequents  acts,  as  to  the  disposal  of  goods  on  execution,  and  distresses  for  taxes.  Q^.t-rents  impliedly  relinquished :  See  2,  1777,  2- 

1"pX  hil  Wsty's  order  t^uncd'"'"'"'"^  Attornies  from  foreign  parts ,  and  for  giving  priority  to  cmntry  debts. 

CHAP.   32  A 

Re)  2  1746  9  ,n  K  »  V  „.      .  ^"^  "'^^  Concerning  appeals  and  writs  of  error, 

nt,,.  z,  1746,  2,  all  but  the  9th  and  10th  seftions ;  and  those  rendered  of  no  e^e<a  by  the  revolution  of  1776. 

CHAP     2^ 

Rep.  J.'  1738,    ^**  "^  to  prevent  the  inhabitants  if  Bath  county  hinging  anions  in  the  general  ciurt  againft  one  another,  for  left- 
*•  than  ten  pounds. 

CHAP.  24. 

chaJ'.^25!'^*  An  aSl  for  the  trial  of  Small  and  mean  caufes. 

CHAP.'^^S;^'  ^"  °^^'"'  *^'  *'''"'  '•<§'"'''''*«  °f*^''  '"'^ftta  of  this  government:. 

The  form  of  a  patent,    obs. 
CHAP,  27.  -'  ^      i- 

^'  \783  4*       -ir^  ^i%frfT^"^"'"^  f  ^'^"  "^^^"^^  •  ""'^f'"'  '"''Station  ofaaions,  and  for  avoiding  fuits  in  law. 

i.ej,4,       ^TI^HEREAS  great  fuit,  debate,  and  comroverfy  hath  heretofore  been.and  may  hereafter  arife.  bv 
Y  V    nieans  of  ancient  titles  to  land  dcf  ived  from  patents  granted  by  the  Governor  of  Virginia,  the  con- 

t  yviiicet  of  the  Peace  vert  tiut  called  in  tiaie  <%», 


tSltions  of  which  patents  have  not  been  performed,  nor  quit-rents,  paid,  or  the  lands  Live  been  defertcdby   1715.      u 
khe  firft  patentees,  or  for,  or  by  reafon,  or  means  of  former  entries  or  patents  granted  in  this  Government  ;  "— ^v— ' 
for  prevention  whereOf.  and  for  quieting  men's  eftates,  and  for  avoiding  fuits  in  law,  p.  ssessioas  or 

II.  Be  it  enalied  by  his  EMeUencythe  Palatiney  and  the  refl  of  the  true  and  abfolute  Lords  Proprietors  of  Carolina,  ''»'';-sfo'ands 
iy  and  with  the  advice  and  conjent  of  this  prejmt  General  Affembly^  now  met  at  Little  River  for  the  North- Eaji  cred^orf^e"  - 
part  f  he  jaid province  and  it  is  hereby  enaEled  by  the  authority  of  thefamCy  That  all  pofleffions  of,  or  titles  to  catoi^  cr'ad-''" 
any  lands,  tenements,  or  hereditaments  whatfoever,  derived  from  any  fales  made  either  by  creditors,  execu-  """'n^strators  or 
tors  or  adminiftrators  of  any  perfon  deceafcJ,  or  by  hulbands  and  their  wives,  or  hufbands  in  right  of  their  ^  '*'^^*".«^» 
wives,  or  by  iridorfement  of  patents,  or  otherwife,  of  which  the  purchafer  or  pofleflbr,  or  any  claiming  d(^s^ment' of 
under  them,  have  continued,  or  fhall  continue  in  pofleffion  of  the  fame  for  the  fpace  of  feven  years  without  patent,  &c. 
any  fuit  in  law,  be,  and  are  hereby  ratified,  confirmed,  and  declared  good  and  legal,  to  all  intents  and  pur-  ^'*^'* '•>*  pos 
pofes  whitloever,  againit  all  and  all  manner  of  perfons  :  Any  former  or  other  title>  ot  claim,  aft,  law,  u-  se^°on  r  y^-ars* 
fage.  Or  ftatute  to  the  contrary,  in  any  wife,  notwithftanding.  without  suit, 

III.  Andbeitjurthir  etiatltdby  the  authority  aforefaidy  That  no  perfon  or  perfons,.nor  their  heirs,  which  "''*^«d' 
Hereafter  fhall  have  any  right  or  title  to  any  lands,  tenements,  or  liereditaments^  ftiall  thereunto  enter  or  ckim"wi?hTn^ 
make  clairti,  btit  within  feven  years  ne^X  after  his,  her,  or  their  right  or  title  which  defcend  or  accrue ;  years,  aW " 
ind  in  default  thereof,  fuch  perfon  Or  perfons,  fo  not  entering  or  making  default,  fhall  be  utterly  ex- "S^^  ^"^^'■"^^J 
eluded  N<ind  difabled  from  any  entry  o*  claim  thereafter  to  be  made.  cr  be  excluded. 

IV.  Provided  neverthelefsy  That  if  any  perfon  or  perfons  that  is,  or  hereafter  fhall  be,  entitled  to  any  right  Minors,  feme 
or  claim  of  lands,  tenements,  oT  hereditaments,^  fhall  be,  at  the  time  the  faid  right  or  title  firfl  defcended,  covert, '&c. 
accrued,  come,  or  fallen,  within  the  age  of  twenty-one  years,  feme  covert,  non  compos  mentis,  imprifoned.  ^j^'""  ^  K^""' 

.  .*.  ...-1  i.1.  r  f  rti.  .  -./^  ,.  ,-..-  *^  '   after  ihpv  rriiri: 


tney  coini 


or  beyond  feas,  that  then  fuch  perfon  or  perfons  fhaU  and  may,  notwithftanding  the  faid  feven  years  be  ex-  To  age,"&c! 
pired,  commence  his,  her,  or  their  fuit.  Or  make  his,  her  or  their  entry,  as  he,  ftie,  or  they  might  have  done 
b'efore  this  ad,  fo  as  fuch  perfort  oif  perfons  fhall,  within  three  years  next  after  full  age,  difcoverture,  com-  sea^whi'^i'ii  8^'* 
ing  of  found  mind,  enlargement  out  of  prifon,  or  perfons  beyond  feas,  within  eight  years  after  the  title  or  years. 
claim  becotnes  due,  take  benefit  and  fue  tor  the  fame,  and-  at  no  time  after  the  times  or  limitations  herein  Prssessiors 
fpecified  j  but  that  all  poirefTions  held  without  fuing  fuch  claim  as  aforefaid,  fhall  be  a  perpetual  bar  againft  ''^.'^  withr^ut 
all  and  all  manner  of  perfons  whatfoever,  that  the  expeiftation  of  heirs  may  not,  in  a  fhort  timej  leave  much  sa|j  ^l  ^^"X 
land  unpofTefled,  and  titles  fo  perplexed,  that  no  man  will  know  of  whom  to  take  or  buy  land.  '  °  ^*  ^' 

V.  And  be  it furthxr  enaEled  by  the  authority  af or efaidy  That  all  a€lions  of  trefpafs,  detinue,  a£tions  fur  Limitations  of 
trover,  and  replevin,  for  taking  away  of  goods  and  chattels ;  all  adlions  of  accompt,   and  upon  the  cafe  ;  ^"^'""s. 

all  actions  of  debt  for  arrearages  of  rent ;  and  all  anions  of  aflault,  menace,  battery,  wounding,   and  im-  Aaisnaof  ac- 
p'rifonmerit,  or  any  of  them,  which  fhall  be  fued  or  brought  at  any  time  after  the  ratification  of  this  a£t,  com|)t,xase,&c. 
fiiall  be  commenced  or  brought  within  the  time  and  limitation  in  this  aft  exprefled,  and  not   after;   That  *°.'^^  '"•ought 
i3  to  fay  ;  aftion's  of  accompt  render,  anions  upon  the  cafe,  anions  of  debt  for  arrearages  of  rent,  a£ti-  ^Mptaccom  ^t 
ons  of  detinue,  replevin,  and  trefpafs  quare  claufumf regit y  within  three  years  next  after  the  ratification  between  mer^ 
of  this  z6ty  or  within  three  years  next  after  the  caufe  of  fuch  aftion  or  fuit,  and  not  after  ;.  except  fuch  ^'^^^^^'  ^';- 
accompts  as  concern  the  trade  of  merchandize  between  merchant  and  merchant,  and  their  faflors  or  fer-  wI^liTT  ^'^* 
vants  }  and  the  faid  aftions  of  trefpafs,  afTault  and   battery,  wounding,  imprifonment,  or  any  of  them.  Case  for  words 
■^vithin  one  year  next  after  the  ratification  of  this  aft,  or  within  one  ysar  after  the  caufe  of  fuch  aftion  ^^ithin  6 
or  fuit,  and  not  after  :  and  the  faid  aftions  upon  the  cafe  for  words,  within  fix  months  after  the  ratifica-  """"^^ 
tion  of  this  aft,  or  within  fix  months  after  the  words  fpoken,  and  not  after. 

VI.  Provided  neverthelefsy  and  it  it  hereby  further  enaBedy  That  if  on  any  the  faid  aftions  or  fuits,  judg-  I^  judgment  be 
ment  be  given  for  the'  plaintiff,  and  the?  fame  be  reverfed  by  error,  or  a  verdift  pafs  for  the  plaintiff,  and  & 'J"^  P'^'"tit5f 
Upon  miatfer  alledged  in  arrefl  of  judgment,  the  judgment  be  given  againft  the  plaintiff,  that  he  take  no- arresIi^^orSf  J 
thing  by  his  plaint,  writ,  or  bill  j  or  if  any  of  the  faid  aftions  fhall  be  brought  by  original  writ,  and  the  defendant  can 
defendant  cannot  be  attached  or  legally  ferved  with  procefs,  that  in  all  fuch  cafes,  the  party  plaintiff,  his  ""'iJe  attached, 
heirs,  executors,  cwr  adminiftrators,  as  the  cafe  fhall  require,  may  commence  a  new  aftion  or  fuit,  from  whhhi  i  vMr 
time  to  time,  withia  a  year  after  fuch  judgment  reverfed,  or  fuch  judgment  given  againft   the  plaintiffj  &c. 

or  till  the  defendant  can  be  attached  or  ferved  with  procefs,  fo  as  to  compel  him  to  appear  and  anfwer. 

VII.  And  be  it  further  enaSledf  That  in  all  actions  of  trefpafs  quare   claufum  fregity  hereafter  to  be  jn  aiJlionsof 
bfought,  wherein  the  defendant  or  defendants  fhall  difclaim  in  his  or  tlieir  plea  to  make  any  title  or  trespass  qucrs 
tlaim  to  the  lands  in  which  tlie  trefspafs  is  by  the  declaration  fuppofed  to  be  done,   and  the  trefpafs  be  <:'-a^^m /regit, 
V  negligence,  ot  involuntary,  the  defendant  or  defendants  (hall  be  admitted  to  plead  a  difclaimer,  and  j-aJaimf  hf  "* 


12  1715.  that  the  trefpafs  was  by  negligence,  or  Involuntary,  and  a  tender  or  offer  of  fuITtcIent  amends  for  fuch 
i^0f<n^  trefpafs  before  the  aftion  brought,  whereupon,  or  upon  fome  of  them,  the  plaintiff  or  plaintiffs  fhall  b^ 
Trap,  plead  a  dis-  inforced  to  juin  iffue,  and  the  faid  iffue  be  found  for  the  defendant,  or  the  plaintiff  fhall  be  non-fuited  ; 
^^'d^T'  ^r  ^^^  plaintiff  fhall  be  clearly  barred  from  the  faid  ad^ion,  and  all  other  fults  concerning  the  fame.  " 
tiflsha'u  join  is-  VIII.  /Jnd  he  it  further  ena£}cd  hy  the  authority  ajorejaidt  That  in  all  afltions  upon  the  cafe  for  flanderous 
iue.  It  lor  tlie  words,  to  be  fued  or  profecuted  by  any  perfon  in  the  general  or  precinft  courts  of  this  government,  after 
defendant,  &c.  ^^  ratification  of  this  aft,  if  the  jury,  upon  the  trial  of  the  iffue  in  fuch  action,  or  the  jury  that  (hall  en- 
bwred,  ho.  ^  quire  of  the  damages,  do  find  and  affefs  the  damages  under  forty  {hillings,  then  the  plaintiff  or  plaintiff^ 
In  aaions  for  in  fuch  adlion,  (hall  have  and  recover  only  fo  much  cofts  as  damages,  fo  given  or  affeffed  fhall  amount 
V  otds,  if dema-  unto,  without  any  further  increafe  for  the  fame  :  any  law,  ftatute,  ulage,  or  cuflom  to  the  contrary,  in  any 

res  under  40s.        t  .     .  vn.      j-  ■        d  '  f        a  f  /•  f 

5ie  I'lamtiir      *'"'^»  notwithltandmg. 

to  have  no  more  I X.  Provided  neverthelefsy  and  he  it  further  enaSed,  That  if  any  perfon  or  per  fons  that  is  or  fliall  be  intitled 
costs  ihan  da-  to  any.  fuch  aftions  of  trefpafs,  detinue,  adlions  fur  trover,  replevin,  actions  of  accompt,  and  upon  the  cafe, 
Pe«"rs  under  ^*^'°"s  of  debt  for  arrearages  of  rent,  aftions  of  affault,  menace,  battery,  wounding,  and  imprifonment,  adi?  i 
age,  &c.  may  ons  of  trefpafs  quare  clmifumfregit,  afljons  upon  the  cafe  for  flanderous  words,  be,  or  fhall  be  at  the  time  of 
bring  suits  any  fuch  caufe  of  aflion  given  or  accrued,  fallen  or  come  within  the  age  of  twenty-one  years,  ferae  covert, 
bef'"e'r^*^^i"d'^  ""'  ^^"'Z'^-'"  ^^fi^">  imprifoned,  or  beyond  the  feas  ;  that  then  fuchi  perfon  or  perfons  fliall  be  at  lil>erty  to 
after  tliey  come  bring  the  fame  aftions,  fo  as  they  bring  the  fame  within  fuch  times  as  are  before  limited,  after  their  Coming  * 
to  age,  &c,  to  or  being  of  full  age,  difcovert,  of  found  memory,  at  large,  or  returned  from  beyond  the  feas,  as  othes 
perfons,  having  no  fuch  impediment,  might  have  jione« 

CiiAP.  28.  Feme  coverts  hoiv  to pa/s  lands, 

WHEPEAS  the  legal  way  of  paffing  lands  where  the  eftate  is  in  a  feme  covert,  is  by  fine  and  reco? 
very ;  and  it  having  been  formerly  practicable  in  this  government,  (fines   and  recoveries  not  bie^ 
"""'''^■"'"■''  inufehere,)  that  fales  liaye  been  made  by  the  hufband  with  the  wife's  confent,  and  fometimes  by  {z\&% 
from  them   both,   and  acknowledged  in  court,  the  wife  being  firft  privately  examined  by  the  courtj^ 
whether  fhe  acknowledged  the  fame  freely : 
Sales  made  by        II.  Be  it  enaBed,  by  his  Excellency  the  Palatine^  and  the  refl  of  the  true  and  ahj<flute  Lords  Proprietors  of  the 
xi'ife's'consen-  p^'O'^^nce  of  Carolina^  by  and  nvith  the  advice  and  cqnfent  of  the  reft  of  the  members  of  the  General  Affemhly.  now 
or  by  both,  &c!  ^^^t  '^i  Little  River,  for  the  North  JSaftpart  of  the/aid  province ,  and  it  is  hereby  enacted,  by  the  authority  ofthefame,^ 
&  ackr.cvviedg-  That  all  Cuch  fales  which  have  a.t  any  time  heretofore  been  made  in  manner  and  form  aforefaid,  or  which 
Justice°  or  in     li*^reafter  fhall  be  made  by  .the  hufband  and  wife,  and  acknowledged  before  the  Chief  Juflice,   or  in  the 
court,  the  wife  court  of  the  pr€cin£t  where  the  land  Ueth,  the  wife  liaying   been  firft  privately  examined,  before  the 
being  examin-     Chief  J  L'-ftice  or  one  of  the  affociate  J  udges,  or  by  fome  member  appointed  by  the  court  of  the  precinft, 
' '°  ^'^  ^*'''''  whether  flie  acknowledgcth  tlie  fame  freely,  fliall  be  good  and  efteftual  againft  the  husband  and  wife,  and 
their  and  every  of  their  heirs  and  affigns,  and  againft  all  other  perfons  claiming  by,  from,  or  under  them„ 
or  any  of  them,  and  that  to  all  intents  and  pyrpofes,  as  if  the  fame  .^ad  been  donje  by  fme  and   recove- 
ry, or  by  any  other  way  or  means  whatfoeyer. 
Kottobccon.        HI.  Provided  akvays,  and  it  is  hereby  meant  and  ititenJed,  That  notJiing  In  this  aft  contained,  fliall  b^ 
'  '  ll's""^"'**    conftrued  or  meant  to  give  any  power  or  authority  hereafter  for  cutting  off'  intailed  lands:    Any  thing; 
herein  before  contained  to  the  contrary,  in  any  wife,  notwi.thj(itand,ing. 


strii 

intaiiS. 


CHAP.  29.  -^n  a8i  for  preventing  difputes  concerning  lands  already  furveyed.  (a) 

WHEREAS  difputes  do  frequently  arife  concerning  lands  already  furveyed  and  patented,  to  thcgreat 
charge  and  vexation  of  many  people  holding  and  enjoying  thofe  lands  :  for  prevention  whereof  for 
the  future,  and  for  fettling  fuch  differences  as  may  hereafter  arife  ; 
patents  granted      H.  Be  it  enabled  by  his  Excellency  the  Palatine,  and  the  riftof  the  true  a/jd  ab/olute  Lords  Proprietors  of  the  pro* 
vernors,  &c.°"  ''^^^'^^  ^f  ^'^^°^^^^':hy  and  -with  the  advice  and  confent  of  the  tiest  of  the  metnbers  of  the  prefent  General  jffetnbly,  now 
good  and  valid,  ^^t  ot  Little  River,  for  the  north-eaft  part  of  the  faid  province,  and  by  the  authority  of  the  fame,  and  it  is  hereby  en- 
aEted  and  declared,  That  all  furveys  already  made,  and  patents  granted,  within  this  government,  by  all  and 
every  preceding  governors,  Deputy-Governors,  or  FreCidents,  are  hereby  d^lared  to  be  good  and  valid,  to 

(a)  This  act  in  Mr.  Davis's  edition,  is  said  to  have  been  repealed :  bi\t  I  cannot  find  the  repeal  in  any  subsequent  act  of  A  sscm- 
bly.  Perhaps  therefore  it  may  be  one  of  those  a<as  that  have  bctn  disallowed  by  the  King  in  Council,  of  which  1  have  been  abl« 
to  obtain  no  account. 


afl  intents  and  purpofes  wliatfoever  ;  any  pretended  defers  or  infafEciency  in  the  powers  cr  authorities  1715.      13 
for  fo  doing  to  the  contrary,  in  any  wife,  notwithftanding :  And  th^t  patents  may  and  ought  to  be  granted  Ka*^v^»J 
on   all  and  every  the  aforefaid  furveys  lor  which  patents  are  not  already  granted  }  thofe  lying  within  the  Patents  giant- 
controverttd  bounds  only  excepted.  '.'1,'!"*^°"^"* 

III.  And  Ire  it  further  enaBed  iy  the  authority  aforefaid,  That  no  perlon  whatfoever  ftiail  tike  up  any  marlh,  He  that  will 
fwamp,  or  funken  lands,  but  ihall  firft  give  notice,  in  writing,  to  the  owner,  of  the  land  adjoining  .■  after  take  up  s  ^ramp, 
notice  delivered  in  writing  before  evidertce,  luch  perfon  or  perfons  Ihall  have  fix  months  time  to  rcfolve  ^"^  ^°  "^tice 
whether  he  will  take  up  the  fame  or  no  ;  and  in  cafe  he  fliall  not,  before  the  end  of  tiae  faid  fix  month?,  t^e  land  adjoin, 
take  out  a  warrant  to  fur%'ey  fuch  marft,  fwamp,  or  funken  land  as  (hall  be  contiguous  to  his  own  land,  ing. 

then  the  firft  perfon  who  gave  fuch  notice  may  furvey  and  patent  the  fame. 

IV.  AndheitfurthtrtuaSiedbythe  authority  aforefnid,  That  if  any  perfon  (hall  believe  that  there  is  con-  Land  tsstirvev- 
tained  in  the  furvey  or  patent.of  any  perfon,  more  land  than  the  fame  furvey  or  patent  mentions,  then,  and  f°'  ^"'^'fAe 
in  fuch  cafe,  fuch  perfon  may  employ  the  Surveyor-General,  or  his  Deputy  to  re-furvey  fuch  land  ;  and  doth  no'tTxceed 
if  itfhall  appear  that  the  latter  furvey  doth  not  exceed  the  former  by  more  than  ten  acres  in  the  hundred,  the  former 
i«ch  (hall  not  be  deeme^d  any  error,  nor  the  owner  of  f"uch  land  put  to  any  charge  or  trouble  in  re-furveying  'no'''".fhan  lOa- 
or  patenting  the  fame  ;*  hut  the  party  employing  the  furveyor  (hall  pay  all  charges.  dred'no'erro"* 

V.  And  be  it  it  further  ettaBed  by  the  authority  aforefaid.  That  in  all  cafes  of  differences  where  any  re-fur-  Surveyor  to  go 
yey  {hall  be  made,  the  furveyor  fliall  always  proceed  by  the  marked  trees,  if  the  fame  can  be  found,  or  by  by  marked 
jtiatural  bounds  if  any  meptioned  ;  and  if  there  be  not  marked  trees,  then  he  fhall  follow  th.e  courfes  men-  bo^"|  ""^  "**"'^^' 
tioned  in  the  pht  or  patent,  fo  as  the  intention  of  the  party  firft  taking  up  may  be  obferved  as  near  as  may  and  diotaHce.  ^ 
be  :  and  if  it  fliaU  happen  that  in  any  re-furyey  there  ftiallbe  more  land  contained  above  the  quantity  men-  Rfsurvey  con. 
tioned,  befides  ten  in  the  hundred.before  mentioned  in  this  aft,  it  fhsll  be  in  the  choice  of  tlie  owner  of  the  'u'"'"^  ""^"^^ 
iiind  to  take  the  fame,  paying  the  furveyor  his  fee,  or  to  leave  out  the  overplus  in  fuch  part  or  place  as  he  owners  may^"'* 
pieafes  ,•  and  then  the  whole  charges  to  be  borae  ai>d  paid  by  him  that  required  the  furvey.  take  surplus,  or 

VI.  And  be  it  further  enatied  by  the  authority  aforefaid,  That  all  furveys  or  patents  hereafter  to  be  made  '^^^e  it  oiit. 
or  granted  for  the  land  or  plantation  of  any  deceafed  perfon,  the  fame  fliall  be  made  and  granted  in  the  crasTd^pmons 
name  of  the  heir  at  law,  which  neverthelefs  (hall  not  bar  any  that  have  title  thereto  by  dower  or  courtefy,  land,  to  be  in 
or  by  the  will  of  the  deceafed  polTefibr  ;  but  that  every  title  or  claim  fliall  ftand  good  and  valid  in  law,  as  *''?  "^n^^  of  fi^e 
they  might  or  ought  to  hsve  done  if  the  deceafed  poffeffor  had,  in  his  life-time,   furveyed  and  taken  out  a  Sdoter  &c? 
patent  for  the  fame  m  his  own  name* 

An  gB  concerning  efcheat  lands  qndefcheatort.     REPEALED,  Vol.  2,  174.  CHAP,  30. 

An  aSiJorthe  more  efeSlual  sbfervingof  the  ^een's  peace,  and  ^flahlillmg  a  good  cmdlafling foundation  of  go-^'^^^'  31* 

vermnent  in  Nerth-C(irolina.  fa) 
'HEREAS  feveral  revolutions  have  heretofore  happened  in  this  colony,  which  were  fomented  and 
carried  on  by  fattious  and  fed itious  perfons,  to  the  great  lofs.and  damage  of  the  inhabitants  thereof, 
and  to  the  repeated  breaches  of  her  Majefty's  peace,  and  .violation  of  the  loyalty  and  obedience  due  from 
fubje£ls  to  their  lawful  Sovereign  and  iaiperiors  ;  and  what  moft  nearly  has  concerned  us,  are  the  late  un- 
happy diflentio.ns  among  ourfelves  in  tlus  colony,  whereby  injuftice  and  oppreflion  took  place  and  over- 
fpread  our  country,  our  trade  decreafed,  and  daily  differences  and  animofities  increafed,  to  the  ruin  of  re- 
ligion and  our  liberties  ;  fince  which  it  has  pleafed  God  i«  a  great  meafure  to  influence  us  with  a  deep 
concern  for  our  calamities,  and  put  into  our  hands  a  power  and  refolution  of  removing  thefe  threatening 
evils  and  dangers,  and  for  the  future  to  procure  a  happy  reftoration  of  peace  and  tranquility  amongft  us, 
by  making  fuch  good  and  wholefome  laws  whereby  religion  and  virtue  may  flourifli,  our  duty  to  our  prince 
and  governors  be  put  in  praftice  and  maintained,  our  laws,  liberties,  and  eftates  preferved  and  kept  invio- 
lated,  and  juftice  and  trade  encouraged : 

•  Tf  ^  u"  *^^  edition  of  Mr.  Mostly  and  Mr.  Swanii,  the  titie  alone  of  this  afl  is  giveti  with  this  remark  in  the  margin:  "  Provi- 
oea  tor  by  statutes  inforced  in  this  province,  by  act,  0(9.  16,  1749,  Ch.  1."  This  last  act,  however,  is  universally  allowed  to  have 
been  repealed  or  disallowed  by  the  King's  proclamation,  though  I  can  fi/id  no  authentic  account  of  it ;  and  the  repeal  or  disallow- 
ance must  have  been  subsequent  to  the  act  of  confirmation  of  the  above  mentioned  editioa  by  act  of  Assembly,  which  passed 
at  the  same  session  with  the  former,  (Ch.  6.)  I  have  therefore  thought  it  my  duty  to  retain  all  the  parts  of  this  aft,  except  those 
wnich  are  clearly  obsolete,  not  being  warranted,  I  conceive,  in  saying  that  the  whole  is  so. 
Vol.  1.  F 


14      1715. 


See  the  Derla 
ration  of 
rights,  &  con- 
stitution of 
1776 
& 


Penalty  lor 
breach  of  it. 


II.  We  therefore,  the  Commons  aflembled,  do  pray  that  it  may  be  ena<Sled,  ^aJ  kf  it  em^edh^  his  Ex- 
cellency the  Palatine,  and  the  rejiofthe  trtte  and  abfolute  Lords  Pi^oprietcys  of  the  province  of  Carolina,  by  andmth 
the  advice  and  confent  of  the  members  of  the  General  AJfembly,  noiv  wet  at  Little  river  for  the  North-eafi  part  of 
the  province,  and  by  the  authority  ofthefjme  j  and  it  is  hereby  enacfed.  That  any  perfon  or  perfons  whatfoever, 
who  Ihall,  at  any  time  after  the  date  hereof,  (peak  any  feditious  words  or  fpeeches,  or  fpread  abroad  falfe 
76l,i77r,3.  news,  write  or  difperfe  fcurrilous  libels  againft  the  prefent  goverriment,  now  lawfully  eftablifhed,  difturb 
2,  1777,  6.  or  olv^ruft,  any  lawful  ofhcer  in  the  exec-uting  his  ofiice,  or  that  ftiall  inftigate  others  to  fedition,  cabal 
wrer '^d  ^^'*  ^^^  ^^^^  together,  to  contrive,  invent,  fuggeft,  or  incite  rebellious  confpiracies,  mifdemeanors,  riots,  or  any 
preserve  .  manner  of  unlawful  feuds  or  differences,  thereby  to  ftir  up  againft,  or  malicioufly  to  contrive  the  ruin  and 
difturbance  of  the  Queen's  peace,  and  of  the  fafety  and  tranquility  of  this  government  ;  the  faid  perfon  or 
perfons  fo  Offending,  (hall,  and  are  to  be  reputed  as  utter  enemies  fo  the  Queen's  peace,  and  the  welfare 
and  good  of  this  government,  and  (hall  be  punifhed  accordingly,  by  fine,  imprifoflment,  pillory,  or  other- 
wife,  at  the  dilcretionofthejuftices  of  the  General  Court  •,  who  are  hereby  impowered  to  hear  and  determine 
the  fame  :  And  the  faid  perfon  or  perfons  fo  offending  as  aforefaid,  (hall  be  compelled  to  give  good  and 
fufBcient  fecurity  for  his  or  their  good  behaviour  during  the  court's  pleafute  j  and  be  incapab'e  of  bearing 
any  office  of  profit  or  truft  in  this  government,  for  the  fpace  of  three  years,  or  aeiording  as  the  demerits 
of  the  crime  (ball  appear  before  the  judges  thereof/  And  if  any  perfon  or  perfons  (hall  at  any  time  here- 
after know  of  any  fuch  evil  pra£tices  as  aforefaid,  and  (hall  conceal  the  fame,  that  then  they  (hall  be  pun- 
ifhed  in  the  fame  mannei  as  if  they  themfelves  had  committed  fuch  crimes. 

III.  And  for  the  further  prevention  of  fuch  traiterous  confpiracies  and  rebellions  agai^fli;  her  Sacred 
Majeity  of  Great-Britain,  her  crown  and  dignity,  and  the  better  to  diftinguiOi  and  prevent  any  difaftefted 
minifters  or  officers,  either  military  or  civil,  from  ading,  or  being  tolerated,  commiffionated,  or  impower- 
ed, to  a£t  in  poffeffion,  hold  or  remain  to  a£t  by  virtue  of  any  commiffion,  deputed  commiffion,  or  any 
power  whatfoever,  until  the  faid  perfon,  whatfoever  he  be,  has  firft  qualified  him(eiif  according  to  tlie 
itriftnrfs  of  the  laws  of  Great-Britain,  now  in  force. 

IV.  Be  it  further  enaSied  by  the  authority  aforefaid,  That  what  perfon  foevet,  fhall  aiTfc  in"  arty  place  of 
profit  or  trufl  as  aforefaid,  without  being  fo  qualified,  fball  forfeit  the  fum  of  one  hundred  pounds  ;  to  be 
recovered  by  aftion  of  debt,  bill,  plaint,  or  information,  in  any  court  of  record  within  this  province  ;  one 
half  to  the  Governor  or  Prefident  for  the  time  being,  for  the  fupport  of  the  government,  and  the  other 
half  to  him  or  them  that  (ball  fue  for  the  fame  ;  and  (hall  forfeit  his  right  to  the  faid  place  or  benefit. 
Prodded,  That  all  military  olEcers  may  take  the  oaths  in  order  to  their  qualification,  before  any  one  of 
the  members  of  the  Council,  or  of  the  General  Court,  who  are  hereby  empowered  to  adminifter  the  fame, 
and  give  them  certificate  thereof.  And  moreover,  what  perfon  or  perfons,  who  hereafter  (hall  alter,  e- 
quivocate,  add  to,  or  dimini(h,  any  word,  part,  or  claufe,  of  the  oaths  appointed  to  be  taken  by  law,  (hall 
be  deemed  and  held  guilty  of  forgery,  and  high  crimes,  and  (hall  be  punifhed  accordingly. 

V.  And  whereas,  this  province  is  annexed  to,  artd  declared  to  be  a  member  of  the  crown  of  England  / 
yet,  notwithftanding  difputes  do  often  arife  concerning  the  laws  of  England  how  far  they  are  in  force  in 
this  government  ,•  and  it  appearing  by  the  charter,  that  the  powers  therein  granted  of  making  laws,  are 
limited  with  this  expreffion,  viz.  «<  Provided^  fuch  laws  be  confonant  with  reafon,  and  as  near  as  may 
be,  agreeable  to  the  laws  and  cuftoms  of  our  kingdom  of  England"  From  thence  it  is  manifeft,  that  the 
laws  of  England  are  the  laws  of  this  government,  fo  far  as  they  are  compatible  with  our  way  of  living  and 
trade : 

VI.  Be  it  therefore  inaBed,  by  the  authority  aforefaid^  and  it  is  hereby  enaBed  and  declared^  That  the  com- 
mon law  is,  and  (hall  be,  in  force,  in  this  government,  except  fuch  part  in  the  praftice,  in  the  iffuing  an  J 
return  of  writs,  and  proceedings  in  the  courc  of  Weftminfter ',  which,  for  want  of  feveral  officers,  cannot 
be  put  in  execution  s  which  ought  to  be  fupplied  by  rules  of  the  General  Court  of  this  Government,  be- 
ing firft  approved  of  by  the  Governor  and  Council,  which  (hall  be  good  in  law,  from  time  to  time,  till  it 
(hall  be  altered  by  a£t  of  Affembly. 

VII.  And  be  it  further  enaSled  and  declared,  by  the  authority  aforefaid.  That  all  ftatute  laws  of  England* 


Persona  hold- 
ing public  offi. 
ce&,to  quality 
according  to 
law. 


Common  law 
inforced. 


1, 1777,14, 
2, 1778,  5, 


Statutes  of  En. 


s"  h  ''l*""^^^"  nJade  for  maintaining  the  Queen's  royal  prerogative,  and  the  fecurity  of  her  royal  perfon,  and  fucceffion. 


the  church,  and  the  laws  made  for  the  in- 
&  constitlnion  dulgence  to  Proteftant  Diffenters,  and  all  laws  providiiig  for  the  privileges  of  the  people,  and  fecurity  o{ 
of  Ji'76.  trade  ;  as  aifo,  all  ftatute  laws  raide  for  limitation  of  ad  ions,  a»d  preventing  of  vexatious  laws  fuits  arj4 


t6t  preventing  immorality  anci'ud,  and  confirming  inheritances  and  titles  of  land,  arc  and  fhall  be  in   1715. 
force  herei  altho'  this  province^  the  plantations  in  general,  are  not  therein  nzmcd.(aj 


13 


An  aSifarfti 
An  0^  to  regulate  divers  abufei  in 


and  ntaintaining  pilots  at  Roanoke  and  Qccacoch-lnlets. 


CHAP.  32, 

Rep.  1,1733,4. 

Waking  up  of  lands,  and  to  a/certain  the  method  to  be  ohferwdfrom  henceforth  CHAP.  33. 
\n  taking  up  andfurveying  lands,  (b) 
HEREAS  of  late  years,  Lt  inconveniences  have  arifen  by  means  of  the  irregular  proceedings 
and  methods  obferved  inhering  and  taking  up  land,  and  by  foms  perfons  holding  or  pretendmg 
!  right  to  large  trafts  of  land  ;  to  I  great  difcouragement  of  strangers  coming  in  to  inhabit  among  us,  and     ' 
to  the  great  weakening  of  places  alldy  fettled  and  inhabited,  as  well  as  to  the  great  lofs  and  prejudice  of 
the  Lords  Proprietors  .•  for  prevent  whereof  for  the  future,  and  for  the  better  regulating  the  method  of 
taking  up  lands  in  time  to  come  :    I  r/-,     ,■   Method  to  be 

II.  Biii  enaaedby  his  Excellency  ilfalatine,  and  the  reB  of  the  true  and  ahfolute  Lords  Proprietors  "fCaroh-  ^^^^^^^^^  -^  ,5^, 
tM,  by  and  with  the  advice  and  confenthis  prefent  General  AJfemhly,  now  met  at  Little  River,  for  the  Nortb-eafi  kmg  up  and 
part  of  the  faid  province,  and  it  is  herAnaBed  by  the  authority  of  the  fame.  That  from  and  after  the  fir  ft  day  of  surveying 
January  next  enfuing  the  date  hereoL  Suiveyor- General,  nor  Deputy  Surveyor,  (hall  enter  any  land  for  *"  *• 

any  perfon  after  the  maniieit  as  has  bd  of  late  years  obferved  \  but  that  all  perfons  whatfoever  that  fliall, 
from  thenceforward,  be  minded  to  takup  any  lands  in  this  government,  (hall  before  he  lays  claim  thereto, 
take  a  warrant  from  the  Secretary's  <fee,  direded  to  the  Purveyor- General,  or  Deputy,  as  ufual,  men- 
tioning the  quantity  of  land  by  them  iUded  to  be  taken  up  ;  which  warrant  he  ftiall  deliver  to  the  faid 
Surveyor- General,  or  his  Deputy,  togLr  with  an  account  where  the  land  litis  which  he  intends  to  take 
up  by  that  warrant,  which  <he  Survey&iall  indorfe  upon  the  back  of  the  faid  warrant,  together  with 
the  time  of  his  receipt  thereof,  and  givl  copy  of  the  faid  indorfement  to  the  faid  perfon  j  tor  which  it 
fhall  be  lawful  for  him  to  demand  andVeive  the  ufual  fee  of  entry  and  copy  j  and  Ihall,  within  eight 
months  next  after  fuch  receipt,  furvey  al  make  return  of  the  faid  land,  with  the  warrant,  as  is  ufual,  un- 
lefs  he  (hall  give  fufficient  reafon,  upon  k  oath,  for  not  doing  the  fame  :  Provided  always,  That  he  hath 
no  warrant  before  lodged  in  his  hands  fdthe  fame  land  :  And  prcvided  alfo.  That  if  occafion  be,  the  Sur- 
veyor (hall  be  impowered  to  hire  chain-Wriers  and  markers  for  his  ajTiltance  In  laying  out  of  any  land?, 
and  {hall  charge  the  fame  to  the  owner  ofVch  land. 

III.  And  be  itfut  ther  enaBed  by  the  autlkty  aforefaid^  That  the  Surveyor- General,  and  his  Deputy,  fliall  JJ^^^^^^''^ '"" 
■obferve,  in  furveying  and  laying  out  of  all  hds  to  be  taken  up  from  henceforward,  that  lies  on  a  navigable 

river  or  creek,  that  he  fhall  run  a  full  miMn  a  dire£t  courfe  into  the  woods,  and  each  oppolite  line  fhall 

tan  parrallel  with  the  other,  if  it  can  be  adUed,  for  other  peoples'  lines,  or  rivers  or  creeks  ;  and  for  all  If  m  the  woods. 

lands  taken  up  wholly  in  the  woods,  the  sirey  fhall  be  upon  a  fquare,  if  it  can  be  admitted  as  aforefaid. 

IV.  And  be  it  further  enabled  by  the  authorkaforejaidt  That  no  Surveyor,  or  Deputy-Surveyor,  from  and  Surveyor  not  to 
after  the  time  aforefaid,  fhall  furvey  or  lay  o\  more  than  fix  hundred  and  forty  acres  of  land  in  one  traft,  [^^^"g^^^"^'-^^ 
nor  (hall  furvey  or  lay  out  two  feveral  tra£ts  V  land  for  any  one  perfon  within  two  miles  at  leaft  of  each  .^^^'^^^  ,ri*a,^* 
Other,  unlefs  by  particular  warrant  from  the  irds  Proprietors  for  that  purpofe.  nor  two  trids 

V.  And  be  it  further  enaEledbythe  authority  \href aid ^  That  any  Surveyor,  or  Deputy  Surveyor  that  fhall  ^r^one  person 
pf  efume  to  furvey  or  lay  out  any  lands  contraV  to  the  direftions,  purport,  and  meaning  of  this  a6t,  fliall  )^"gg'"  ^""^ 
for  every  offence,  forfeit  and  pay  the  fum  of  ft  pounds  ;  one  half  to  the  Public-Treafury,  and  the  other  surveyor  Uyy 
half  to  him  or  them  that  fhall  fue  for  the  famL  to  be  recovered  in  the  General  Court  of  this  province  ;  ing  om  lands 
wherein  no  efroin,protedion,  or  wager  of  law,  lall  be  allowed.  _     aft"^to\rfeit'* 

VI.  And  forafmuch  as  the  Lords  ProprietoAdo  fuftain  great  damages,  and  the  country  in  general  lies  jq/ 
Unfettled,  by  reafon  of  many  perfons  ho'ding  c^retending  right  to  large  tracts  of  land  in  this  govern-  i\o  person  to 
ment,  without  any  other  title  thereto  than  a  bjt  entry  or  furvey  ;  Be  it  enaBed  by  the  authority  aforefaid,  ^^^^litmoaey 
That  all  or  any  perfon  or  perfons  whatfoever,  wte  do  now  hold  or  pretend  any  right  to  any  lands  within  P  J^  ^^l  p^.^^j 
this  government,  by  virtue  of  any  furvey  or  purdafe,  as  aforefaid,  made  before  the  fourteenth  day  of  A-  granted,  &c. 
pril  lafl  paft,  and  do  not  pay,  or  fecure  to  be  pal,  the  purchafe  money  thereof  to  the  Lords  Proprietors 
Receiver-General,  on  or  before  the  twenty-fifth  by  of  December  next,  puriuant  to  an  order  of  council, 

fa  J  The  8th,  9th  and  10th  seSions  are  obaoleie  I 

f  AJThis  act  is  circumstanced  in  the  S2me  manner  with  Cabg   U  is  salJ,  in  Mr.  Davis's  edition  to  have  been  ref  «alei,  but  X 
caanoc  find  the  auihoti:^  for  th^t  asseirtton.  \ 


16      1715.  Jated  the  aforefaid  fourteenth  day  of  April,  it  flialf  and  may  be  lawfu!    any  perfon  or  perfons  to  enter 

v-<»-v^o  on  the  fame  Unds,  and  have  patents  therefor  upon  the  old  furveys  ;  pr<dcd  he  or  they  fo  entering,  fliall 

pay,  orfecure  to  be  paid,  to  the  laid  Receiver- General  the  purchafe  m^y  and  quit-rents  which  (hould 

^nce  aS  n''  ^^^^  ^^^"  P^^"*  ^y  *^^  P^'^^*'"  ^^^*  ^^'^  ^°  ^^P^«  '^e  '^'"e*  a"«J  alfo  the  fuof  ten  (hillings  to  the  Surveyor- 
for  which  the'  General,  for  altering  the  certi  ficate  ;  which  patent,  when  fo  obtained,  Jl  be  deemed  and  adjudged  good 
I  uhchase  mo-  and  valid,  to  all  intents  and  purpofes  ;  any  law,  cuftom,  or  ufage,  to  tJcontrary,  notwithftanding  :  And 
pafd'tt'hi^'e  ^  further,  all  perfons  that  do  pretend  any  right  to  any  lands  taken  up  opretence  of  purchafe,  as  aforefaid, 
months',  for-  ""'^^  ^^^  fourteenth  day  of  April  ;  or  that  fliall,  from  henceforward,  t^  up  and  furvey  any  lands  on  pre- 
feited,  and  any  tence  of  purchafe,  and  do  not  pay,  or  lecure  to  be  paid,  the  purchafe  ^ney  thereof  to  the  Receiver-Gen- 
wa"akeu°"h  1^^-  ^^^  ^^^  ^'""^  ^^^"^'  ^**'"  fix  months  after  the  date  of  fuch  furvf  fuch  perfon  or  perfons  fliall  forfeit 
same.*  *"^  '^  f^  ^^S^*-  t^^'^to  >  and  it  fhall  and  may  be  lawful  for  any  otlier  pe-n  or  perfons  to  take  out  ^  -^varrant 
No  person  af-        tt-'Jt    ^^"^^'  ^"'^  P^'O^^^d  thereon  as  is  before  diredted  in  this  ad,  f  taking  up  vacant  lands.  . "  x 

ter  Jan,  1,  to  ^"'  ^"^  ^^  it  further  enaBed  by  the  authority  aforefaidy  That  from  i  after  the  aforefajd  firR  day  of  Jan-r, 

sell  his  rigvii  to  uary  next,  no  perfon  fhall  fell  or  alienate  his  right  to  any  land,  until  h^as  paid  the  purchafe  money  thereof, 
chate  monev""  ^^^  ^^^  obtained  a  patent  and  grant  for  the  fame  ;  but  fuch  fale,  affiment  or  conveyance,  fliall  be  deem- 
l>aid,  and  pa-  ^^»  conftrued,  and  taken,  to  be  invalid  and  of  none  effea  :  And  fuc'and  ^lall  be  free  and  clear  for  any  o- 
teutgvanied,  ther  perfon  to  take  up,  obferving  the  rules  in  this  ziX  before  fpecifi  for  taking  up  vacant  lands. 
^ht  bdoi'f  s  to  1,  ch  P>-syided  always  neverthelefs,  That  where  the  right  of  land  'retofore  furveyed  on  pretence  of  pur- 
orphans',  u'l^ble  f  aforefaid,  belong?  to  any  orphan  or  orphans  that  are  not  abler  capable  to  patent  the  fame,  for  want 
to  patent  it,  o^  perfonal  eftate,  within  the  time  before  limited  in  this  zEt,  it  fhaand  may  be  lawful  for  the  guardian  or 
gviardian,  &c.  guardians,  truftee,  or  truftees  of  fuch  orphan  or  orphans,  or  adiniftrator  of  the  inteftate's  eftate,  tq 
y  se  I  it.  jell  and  difpofe  of  all  or  fuch  part  of  fuch  right,  as  aforefaid,  by  jblic  fale,  to  the  beft  advantage  they  can 
In  case  of  ne  V  '"'^^^^^'^  eiiite;  any  thing  in  the  faid  ad  to  the  contrary  r^withftanding :  and  in  cafe  any  guardian, 
glefl  &c.  or-  ^[^""^^  ?^  admmiftrator,  fliall  neglea  or  refufe  to  make  fale  of  th  land  as  aforefaid,  within  fix  months, 
phans  court  to  the  orphans  courts  are  hereby  empowered  and  required  to  call  fiJi  guardian,  truftee,  or  adminiftrator,  tQ 
sell  such  right,  account ;  and  if  they  cannot  find  perfonal  eftate  fufficient  in  thr  hands  to  purchafe  fuch  lands,  as  afore, .. 

Inhabitants  of       fv     a"        '^'         ^^^'^  ^°"'"^'  ^^^"  "^^^  ^"*^^  ^^^^'  ^^^  ^^  fuchfes  as  abovefaid. 

Bath  count)  al-  ,  ^-^-^^^  whereas  many  of  the  prefent  inhabitants  of  Bath  c«nty,  by  reafon  of  the  calamities  befallen 
lo^ed  longer  them  during  the  late  wars  with  the  Indians  ore  rendered  incable  of  making  prefent  payment  for  tlie 
^u'^ch?  ''''^  P"'^chafe  of  fuch  lands  as  now  are,  or  have  been,  adually  heL  fettled,  and  improved  bv  them,  and  from 
nej  .pongTv'ng  ^^^J^^e  they  have  been  lately  driven  by  the  enemy  .-  Be  it  etmid,  That  a  further  time  be  granted  to  fuch 
stcun.y.  perlons  lor  paymg  the  purchafe  of  fuch  lands,  upon  giving  fucbecurity  to  the  Lords  Proprietors  Receiver- 

(.^eneral,  as  fliall  be  by  him  approved  of,  within  fix  months  tcr  the  ratification  of  this  aft  :  any  thing 

herein  before  contained  to  tlie  contrary  thereof,  in  any  wife,  rtwithftanding. 


Voi  z'lQl.'    T    -r^v  ^-""^  fof  ^"iering  of  vejfelsj  and  to  preven'he  exportation  of  debtors,  (a)  , 

Master  of  Ces-         \\     '^  ^""^^f^  h  ^"  Excdlency  the  Palatine,  and  the  refr  oft?  true  and  abfolute  Lords  Prcpriefcrs  ofCarolina^  " 
seltog.vibond        1^  h  ''f^d -with  the  ad-uice  ar.d  corfent  cj  the  rest  of  the  mentrs  of  the  General  A  If^mbky  now  nut  at  Little  Ri-  ' 
TcJ,  wUhi'n'f  ""'■•  ^^^'^'^  ^orthfu^  port  of  the  faid  Province,  and  it  is  here,  maBed  by  the  authority  of  the  fame,  That   the 
matter  ot  every  fliip  or  veflel  coming  into  thig  |overcment,fh«,ll,  within  four  days  next  after  his  arrival^  \ 

.n(i!;^c'll*"T?'"***"^  at  the  session  of  Nov.  17rr,(Ch.  II  )entltl&'' An  act  forappo^ntingraval  officers  in  thedifleremportj 
Infint  .  !'  7''i''"^"""g  their  duty  in  office  "  In  the  session  cf  Jan.  r9,  an  aa  (vas  passed  (Ch  7.)  entitled,  "  an  act  for  ap. 
rWp^r  "^^*'-'^ffi"'-*  at  the  d.fierent  ports  of  this  state,  and  directin^beir  duty  in  office,  apd  for  other  purposes  "  By  the  last 
d  >»v  nf  LI  c"j"  "'^*'*rf"'''  ^;as  expressly  repealed,  as  also  "  all  othcafls  and  resolves  theretofore  n^ade  or  passed  relative  toUie 
of  I.mV  17R1  ,?.l  o  N  .  I'  ^"«>''^"  ^^  concerning  the  duty  of  n^alcfficers,  in  pertain  particulars,  was  passed  at  the  session 
aft  on  .h/«m  A  .  ■•  V  *^'*."'"  f  "^P"'  ^''^*'  ^"°'''"  ^"  <C''5  )  was  passed  on  the  subJeft  of  the  naval-officers.    Another 

and  after  tlfeT^Lw  f^t'  ^T**,,"?  '^^  f  "*°"  ^^  ^ov.  1787,  (Ch. .)  By  this  it  is  enacted  in  the  following  words:  "  That  from 
0?all  be  and L'^hpl^K  a  ,"  ^^'  "  '  '^*"'  .''"^"'"^"'''^  "'^'^^  '°  ^^'  ='^  "^1  """P'^  *'  "PP'^  ^°  *«  fees  or  duties  of  naval-officers, 
in  the  sate  afl  ,!'  ?^„*^"?*"**  ''']'*  ''^P^'^'^  ^"*^  '^''^  ^°'''- "  ^ke  words  are  in  the  .very  beginning  of  the  aft.  Afterwards 
'•  Nor  wTil  l«,fl>v  t  k""""?  T"'*^'  *'*""  P'"  "'^  *"  ^'''^  *"  ^  '^l^o  ^y  »^*'  "^^^^^  °'  "*""  previous  to  any  vessel's  clearance: 
mv  knowedir"  f  b  ''"^"i"  '"  ""^  ^'"*'  **"*  ""^  *'^  *'**^'  a^y  inabitant  thereof  privately,  or  contrary  to  law.  to  the  best  of 
the  exi^ortation  nf  aJ^?^  r°,  ^?"!'  '^i"  '•"•'■aining  persons  goig  out  of  th.  ccuntry.  except  the  abcve,  calculated  to  prevent 
whether  the  above  ^r^  T^  „^  >'^'''''?*  '*','"^*°''''  ?^^  ^^''^^^  """'''  i^'^'^^s  '"iding  tlie  strong  words  of  repeal  in  the  act  of  1787', 
Plation  of  the  Leli.H.  ^^l^  ^^  ^^'^'^^  '^P"'"^  ""  ""*'  ^^  "  ^'""^  "^'V  Probable  the  repeal  of  Utat  aa  wai  not  in  the  contem- 
S  one  ti-ay  k.iK;7judg.:em  i*„7^^^^^^^^^^ 


^d  before  he  trade  or  land  aLods,  (living  creatures  only  excepted,)  enter  Into  bond  m  the  naval  or-  1  <  15.  17 
fice,  with  one  fufficient  freeHr  or  wfil- known  merchant,  in  the  fum  of  five  hundred  pounds,  with 
condition,  that  the  faid  mafteiiir  not  carry  off  any  perfon  out  of  thl".  province  without  a  ticket  firft 
had  and  obtained  from  the  Nahfficer,  and  figned  by  the  Governor  or  Commander  in  Chief  fof  the 
time  being,  (perfons  coming  iVhis  province  in  the  fame  veffel,  women  whofe  hufbands  are  refident 
in  the  country,  perfons  under  Und  failors  who  have  not  refided  in  the  government  above  two  months, 
excepted,)  nor  ihali  depart  hini  without  leave  ;  under  the  penalty  of  fifty  pounds;  one  third  to  the 
Ji.ords  Proprietors,  one  third  to  \  Governor  or  Commander  in  Chief,  and  the  other  third  to  the  infor- 
mer. \  .  i_  r 
II.  And  be  ii  further  em^ed  Mauihority  afore/aid,  That  the  faid  bond  fhall  be  taken  m  the  name  of 
the.  Governor  or  Commander  in  tf  for  the  time  being,  payable  to  himfelf,  his  fucceflors  or  alTigns, 
hut  fhaU  be  to  the  only.ufe  of,  A  truft  for,  fuch  perfon  or  perfons  as  fhall  appear  to  be  injured  by 
jthe  faid  mafter's  non  performanc4he  condition  above  expreffed  ;  and  fliall  be  affigned  to  any  perfon 
pr  perfons  fo  injured  petitioning  Ihe  fame,  who  fhall  and  may  maintain  an  aftion  thereon. 
'  111.  Provided  always,  and  it  is  Uyfyrlher  enaBed,  That  if  the  faid  bond  or  bonds  (hall  not  be  fued 
within  two  years  after  the  date  thbf,  then  the  fame  fhall  be  null  and  void  to  all  intents  and  purpoles 
whatfoever,  as  if  the  fame  had  neyL^n  mad^p  any  thing  herein  before  contained  to  the  contrary,  not- 
withftanding.                                   \ 

.'  .  IV.  And  be  it  further  enaBedhy  tlithority  afore/aid,  That  no  ticket  fhall  hereafter  be  granted  to  any 
-perfon  intending  to  export  his  or  hdi  out  of  this  government,  (except  as  before  excepted,)  until  futh- 
.cient  fecurity  be  firft  given  to  the  NaiOfficer,  for  the^payment  of  all  luch  debts  as  the  party  fo  intending 
to  depart  fhall  be  chargeable  \7lth,  ^for  wliich  aaionslhall  be  commenced  within  four  months  neXt 
after  fuch  fecurity  given  ;  or  until  create  be  firft  made  to  the  Naval-Ofiicer,  by  /he  clerk  of  the  pre- 
cina  court  where  the  party  fhall  refifthat  he  hath  publifhed  his  intentions  to  depart  the  government, 
by  affixing  a  note  at  the  court-houfW,  publicly  to  be  read  by  all  perfons,  during  the  fitting  and 
.continuance  of  the  two  coiuts  next  pildiug  fuch  cer.tificate,  without  being  under  written,  or  any  de- 
mand made  to  liinder  his  or  her  depate.  i  r  •  r  i, 
.'  •  y.  And  be  it  further  enaEled,  That  oLfault  of  fo  doing,  the  Naval-OfHcer  fhall  be  liable  to  fatisfy  the 
creditors  of  all  fuch  perfons  who  fhall  dart  the  government  by  ticket  fronj  that  office  i  provided  anions 
for  the  fame  be  entered  within  four  moU  after  the  date  of  fuch  ticket  fo  obtained  ;  without  fecurity  gi- 
v^n,  or  certificate  had  and  received  froihe  clerk  of  fome  precind  court,  as  before  mentioned. 

An  aBfor  raifm^  a  ptMic  magazine  of  Munition,  up^n  the  tonnage  of  all  yejfels  trading  to  this  government,  chap.^ 


days  after  arri- 
val, in  5001. 
penalty,  not  to 
carry  any  [)er- 
son  out  of  the 
country  with- 
out a  ticket. 
Exceptions. 

Nor  shall  he  de- 
part himself 
without  leave. 
Bond  in  the 
name  of  the  Go- 
vernor,  in  trust 
for  the  party  in- 
jured. 

Mot  sued  with- 
in two  years, 
void. 

Ticket  not  to 

be  granted  till 

security  given 

for  payment  of 

tiebts. 

Or  certificate 

produced. 


Naval' officer 
not  complying 
liable  for  the 
party's  debts,  if 
anions  brought 


4n  acwtcerning  roads  ^nd  ferries. 
An  a£l  ta^courage  the  building  of  mills. 


35. 

Kep.2,1 748,10. 

CHAP.    36* 
Hep.  1756,  II. 

CHAP.    37. 
Rep.  2, 1758, 5. 

An  oSi  to  appoint  public  Regifters,  atid  to  dik  the  method  to  be  obferved  in  canveying  lands,  goods,  and  chat-  CHAP.  38. 
tels:  and  for  previing  fraudulent  deeds  and  mortgages.  _      .   „ 

WHEREAS  his  Excellency  the  PalatiiJ  and  the  reft  of  the  true  and  abfolute  Lords  Proprietors,  a- 
mongft  other  privileges  and  immunU  have  given  and  granted  to  tliis  theur  province,  to  Ghooie 
public  remitters:  in  purfuance  therefore  to  tlfraid  grant,  and  for  the  better  and  more  effeftual  prevention 
of  fraudulent  deeds,  alienations,  and  mortgig ;  r     j    n       •  ..        r^A  a.-/,   Redsters  how 

II.  Be  it  enaSled  by  his  Excellency  the  PalatiLnd  the  ref  of  the  true  and  abfolute  Lords  P^pf^*;]  °J  '*^^'^*"  appointed. 
-uince  of  Carolina,  by  and  -uith  the  advice  and  cifent  of  the  refl  of  the  members  of  the  General  Affembly,n9W  met 
at  Little  River,  for  the  North-Eafi  part  of  theVd  province,  and  it  is  hereby  ena^ed  by  the  authority  oj  thejame,  ^^^^  g,  1777. 
That  it  fhall  and  may  be  lawful  for  all,  or  thAiaior  part  of  the  inhabitants  and  freemen  of  each  precmtt.  g,  gwing  th« 
(who  are  qualified  to  vote  in  the  eleftion  oflrgeffes  )  to  meet  the  firft  day  of  April  next  at  the  «f«»^  g;^^;^^  »P^ 
place  for  eleftion  of  BurgefTes,  then  and  therelby  a  majority  of  votes,  to  eleftthree  freeholders,  as  can- 1-^^^  ^^^^^ 
didates  for  the  faid  office  -,  of  which  faid  candttes  fo  to  be  elea.ed,  the  provoft-marftal  of  each  precinct,  ^^^^  j 
or  his  deputy,  (who  are  hereby  required  to  attkd  fuch  eledions,)  (hall,  within  twenty  days  alter,  maKc 
return  to  the  Governor  or  Commander  in  chieffor  the  time  being,  under  the  penalty  of  fave  pounds  lor 

Vol.  I.  If 


Jlilj  every  fuchneg!ea-i  and  the  Governor  or  Commander  in  cHlef,  with  t*dvice  of  the  Lords  Proprietors 
»-^v^i>  deputies.  Oiau  make  choice  of  one  of  fuch  candidates  lo  eleded  as  tfM,  who  being  commiffioned 
under  the  hand  and  feal  of  the  Governor  or  Commander  in  chief,  (hal  thereby  invefted  with  the  office 


41, 


Penalty. 


Re-«ern.-ive      m^  i^j  i        r     '  ^"  '  ""*'^  ^'"^'^^  ^^  ^  '^'^''^  ''^  the  parifh  church'  births,  burials  and  marriages, 
bond,  K«.  I  "'•  ^"^  *f  '''  /«'•/*<'>'  ^«<3^f^  by  th  authority  aforefaid.  That  each  2n^rj  public  regifter  fo  chofen  and 

"*'  commilhoned,  fhall  within  three  months  after  he  fhall  enter  upon  hi'fice,  give  bond,  with  two  good 

and  fuihcient  fecunties,  to  his  Excellency  the  Palatine,  ami  the  Lor-PrOprietors,  in  the  fum  of  one 
thouland  pounds,  for  the  faithful  difcharge  of  his  office  ;  which  bon-»all  be  given  before  the  Juftices 
ot  the  precina:  whereof  the  party  fhall  be  appointed  regifter  and  rec-ed  in  the  office  of  the  faid  court, 
and  alfo  in  the  Secretary's  office  and  the  original  repofited  in  the  h«  of  the  Governor  or  commander 
m  chief  :  And  whoever,  after  the  faid  firft  day  of  April,  (hall  otncian  the  faid  office  tonger  than  three 
inonths  without  giving  fuch  fecurity  as  aforefaid,  he  or  they  fo  offiine,  ffiall  forfeit  and  pay  the  fum 
T\T"p  pounds  ;  one  half  to  the  informer,  and  the  other  half  to  tpoor  of  the  parift  or  precinft. 
Proviso  ^\'Frovtded  always.    That  every  perfon  or  perfons  who  now  a  in  the  aforefaid  office  within  any 

precindtof  thisgoverment.  fhall  be  and  continue  in  the  fame,  untiph  choice  fliall  be  made  and  con- 
hrmed,  as  is  before  by  this  aft  direaed  ;  when  they,  and  every  ofem>  are  hereby  required  and  com- 
"^k"  if  l^*^i  i!''^^'^  *°  ^^^  P"^^'*^  Regifter  of  their  precind  fo  eleftedd  confirmed,  all  papers  and  records 
which  fhall  be  in  their  cuftody,  that  do,  of  right,  belong  and  appein  to  the  faid  office  j  under  the  pe- 
nalty of  fifty  pounds.  -^  b  vt  r 

Kg  conveyance  »T,  ^'  ^"'^  '"  '*  f"''*^^'^  '^^^'^  h  '^^  authoritt  afore/aid,  Tliat  no  C(eyance  or  bill  of  Tale  for  lands,  (other 
ef  fand,  except  JJJ^J)  "^°"g?ge>) '"  what  manner  or  form  foever  drawn,  fhall  be  go^nd  available  in  law,  unlefs  the  fame 
•nonage,  good,  ^^^ll  be  acknowledged  by  the  vendor,  or  proved  by  one  or  more  flences,  upon  oath,  either  before  the 

^no"led£ed  uv  a^  ^°^  *^^  *^™®  ''""S'  °'' '"  ^^®  <^°'^'"'^  °^  ^^  precind  whi  the  land  lieth,.  and  regiftered  by  the ; 

»MttsiLxk    P".  ^^  regifter  of  the  precind  where  the  land  lieth,  within  twely-^onths  after  the  date  of  the  faid  deed ;. 
and  that  all  deeds  fo  done  and  executed,  fhall  be  valid,  and  pafstates  in  land,  or  right  to  otlier  eftate, 
without  livery  of  feizin,  attournment,  or  other  ceremony  in  the  1  whatfoever. 
Former  dee^s      i,       i        'f  .^^  always ,  That  all  deeds  or  conveyances  of  lands,-nements,  or  hereditaments,,  goods  or 
declared  ^od.    *^'^^"^^^?  which  are  already  pafTed,  and  regiftered,  or  which  ftiabe  regiftered  within  one  year  after  the- 
Mtihcation  of  this  ad,  for  which  a  good  and  valuable  confideran  has  been  adually  and  bonajide  paid*. 
Ihall  be  good  and  available  in  law  and  equity,  to  purchafers,  a  their  heirs,  againft  the  vendors,  and 
their  heirs,  and  all  others  claiming  by,  from,  or  under  them,  ias  full  and  ample  manner,  to  all  intents,- 
conltruaions,  and  purpofes,  as  if  fuch  title  had  been   made  eitr  by  fine,  common  recovery,  livery  of 
\n\  ^"°"'^""'^"fi  or  any  other  ways  ufed  and  pradifed  witn  the  kingdom  of  Great- Britain; 
fcrSnTam'"     •  \       ^-      ^"  "^Z"''^^^''  ^«acied,  by  the  authority  afore/aid,  ThajH  deeds  and  conveyances  of  land  lying. 
proved  as  be-'   ^''^.""^"^^s  government,  made  in  foreign  parts,  which  fhalU  remiftjed  hither,  and  proved   before  the- 
tore.  Jj-hiet  Juftice,  or  court  of  the  precinft  where  the   land  lieth/ti   manner  as  before   direded  }  or  which- 

Ihall  be  perfonally  acknowledged  or  proved  before  the  chief  rgiftrate  of  any  city,  town,  or  corporation, 
within  the  King  of  Great-Britain's  dominions,  and  an  atteftaon  thereof  affixed  thereto;  or  which  fhall 
be  acknowledged  or  proved  before  the  Governor  or  Comraa»er  in  Chief  of  any  of  his  Majefty's  planta- 
tions, and  attefled  under  the  public  feal,  and  regiftered  in  tV  aforefaid  office  of  the  precind  where  the 
land  heth  within  one  year  after  the  arrival  of  fuch  deeds  ;  ftilbe  good  and  valid  ia  law,  to  all  intents  and 
mudulefltf--  ■  P"^°j    »  ^®"  made  and  executed  within  this  government. 

offmen"ts,''gifts,  ,^"^  ^°^  ^'^  avoiding  and  abolifhing  of  feigned,:ovinous,  and  fraudulent  feoffments,  gifts, 

&c.  good  only  S^^^^h  alienations,  conveyances,  bonds,  fuits,  judgments,and  eicecutions,  as  well  of  lands  and  tene- 

against  the       ments,  as  of  goods  and  chattels,  which  of  late  have  been,  ad  ftill  are  devifed  and  contrived,  of  malice, 

u^eTam^  &c^     .""'  'vT"'  orcollufion,  to  the  end,  purpofe,  and  intent  to  delay,  hinder,  and  defraud  creditors  and 

•      ■    others  of  their  juft  and  lawful  aaions,  debts,  and  accompts  A  is  hereby  further  enacted,  That  all  and  eve- 

'7 ^^o^'^QM,  gift,  grant,  alienation,  bargain,  and  conveyace  of  lands,  tenements,  hereditaments,  good* 

and  chattels,  or  of  any  of  them,  by  writing,  or  otherwife  ;and  all  and  every  bond,  fuit,  judgment,  and, 

execution,  at  any  time  had   or  made  fince  the  firfl  day  o  January,  Anno  Dem.  1Y14,  or  at  any  time 

ftereatter  to  be  had  or  made,  to  or  for  any  intent  or  purpte  laft  before  declared  and  exprefTed,  fliall  be, 

irom  henceforward,  deemed  and  taken,  (only  as  againft  tat  perfon  or  perfons,  his  or  their  heirs,  exc- 

in  dw  t^e  "^'"^  ^"•'^^^"^^t  a=t»of  Asaembl/  enlarging  the  time  of  r^isterlns,  for  deeds  that  had  been  omitted  to  be  registered 


cutors,  admlniftrators,  and  affigr.s  ant!  every  of  thUofe  a£\ions,  fuit?,  debts,  accompts,  dama2;es,   1715.      19- 

penalties,  and  forfeitures,  ftali    releafe  by  luch  cok  or  fr-audulent  devices  and  praaice?,  as  is  afore-  <— '^r^ 

faid,  or  (hall  or  might  be  in  any  wife,  diiturbed,  [ed,    delayed,  or  defrauded,)  to  be   dearly    and 

utterly  void,  fruftrate,  and  of  no  effedi:  ;  any  preti  colour,  feigned  confideration,  expreflmg  of  ule, 

•or  any  matter  or  thing  to  the  contrsiry,  notwithftan  , 

IX.  Atulbe  it  further  enaaed,  by  the  authority  /^r^That  all  and  every  the  parties  to  fuch  feigned,  J,*^'j^*J'^^^'* 
covinous,  or  fraudulent  feoflfinents,  gifts,  grants,  alidis,  bargain,  conveyance,  bonds,  fuits,  judgments,  ^J^^l'^J^  ,he 
execution,   or  otlier  things  before  exprefled.   and  bUivy  and  knowing  of  the  fame,  or  any  of  them,  yaiue  ihereof, 
which  at  any  time  after  the  firft  day  of  Auguft  nex  ing,  fhall,  wittingly  and  willingly,  put  in  ufe, 
maintain,  avow,  juftify,  or  defend  the  fame,  or  an)  lem,  as  true,  fimple,  and  done,  had,  or   made 

bona  fide  and  upon  good  confideration  .-  or  fhall  a  or  aflign  any  the  lands,  tenements,  goods,  or 
things  before  mentioned,  to  him  or  them  conveyed,  aforefaid,  or  any  part  thereof ;  ftall  incur  the 
forfeiture  of  the  real  value  of  the  lands  and  tenemerbods  and  chattels;  one  moiety  thereof  to  the 
iKjrds  Proprietors,  and  the  other  moiety  to  the  partyled,  and  mtended  to  be  defrauded  thereby. 

X.  Provided  always,  and  be  it  further  enacled,  byUhority  aforefaidy  That  this  hOl,  nor  any  thmg  J^^  f„^"'^^;;^ 
herein  before  contained    fhall  not  extend  or  be  conft  to  impeach,  defeat,  or  make  void  any  convey-  veyance  bona 
anceor  aflvirance  intereft,  limitation  of  ufe,  or  ufesJin,  to,  or  out  of  any  lands  or  tenements  hereto-  fide  made. 
fore  at  any  time  had  or  mad^,  or  hereafter  to  be  boni  made,  upon  and  for  good  confiderations,  to 
anypeffonorperfonswhatfoever;  any  thing  before  rioned  to  the  contrary,  notwithftandmg.  ,    ^   f        r 

XI.  And  for  the  prevention  offrauds  by  double  niges  and  conveyances  of  lands,  negroes,  goods  ^'^^^^Ji;^^! ^♦^^^^^^^ 
and  chattels  ;  Be  it  further  enacted  by  the  authority  afd.  That  every  mortgage  of  lands,  tenements,  b,  deemed  the 
goods  or  chattels,  which  fhall  be  firft  regiftered  in  thker's  office  of  the  precina  where  the  land  h-  first. 

eth,  orofgoods  and  chattels  where  the  mortgager  Ii{  fhall  be  taken,  deemed,  judged,  allowed   of, 
and  held  to  be  the  firft  mortgage,  and  to  be  good,  flfubftantial  and  lawful,  in  all  courts  of  Juftice 
within  this  government';  any  former  or  other  mortgif  the  fame  lands,  goods  or  chattels,  not  before  p.oviso. 
regiftered,  notwithftanding ;  unlefs  fuch  prior  mortgai  regiftered  within  fiity  days  after  the  date. 

XII.  Provided  al-wav,  and  be  it  further  enacted,  by  tlthority  aforefaid,  That  in  cafe  more  than  one  Mortgageeb' 
mortgage  fhall  happen  to  be  made  and  be  in  force  at  onWie,  of  the  fame  lands  and  tenements,  goods  P°^^»- '» '■e- 

-       -     -         -  ■•-  -  ered  their  mortgages,  their  heirs,    executors, 

lortgage  or  mortgages  regiftered,  upon  paying  Certain  mort- 
_Ttgagee  or  mortgagees,  their  heirs,  executors,  ^S.nne'^* 
ntended  fraud  or  covin,  every  perfon  or  per-  q„,ty. 


and  chattels,  the  feveral  mortgagees  which  have  not 
adminiftrators,  cr  affigns,  fhall  have  power  to  redeem 
the  principal  debt,  intereft,  and  coftsof  fuit,  to  the  prL 

adminiftrators,  or  afTigns :  And  as  a  punifhment  for  f  i _      .    . 

fons  which  ftiall  mortgage  the  fame  lands,  tenements,  fls  or  chattels,  a  fecond  time,  a  former  mort- 
gage being  in  force  and  not  difcharged,  ftiall  have  no  po4r  liberty  of  redemption  in  equity  or  otherwife.  No  bar  to  dow- 

XIII.  Provided  alfo,  That  nothing  in  this  aft  contaii  fhall  be  conftrued,  deemed,  or  extended,  to  er.  &c.^  ^^^ 
bar  any  widow  of  any  mortgager  of  fuch  lands  or  tenemfe,  from  herright  of  dower  to  the  faid   land,    '        ' 
who  did  not  legally  join  with  her  hufband  in  fuch  raort^.  or  otherwife  bar  or  exclude  herfelf  from 
fuch  her  dower  or  right.  , 

XI /.  And  be  it  further  enaSied,  by  the  authority  afirefakh^t  every  prior  purchafer,  or  mortgagee,  of  Prior  purchaser 
any  lands  or  tenements,  goods  or  chattels,  which  fliall  L  before  the  firft  day   of  January,  1716,  re-  o^  ;^°[^'S*^s^^ 
gifter  his  title  or  mortgage  as  aforefaid;  if  after  that  titt  fecond  deed  of  fale,  conveyance,    or  mort-  j.^^^  ut  Jan, 
gage,  be  regiftered  before  the  prior,  fuch  perfon  fo  negjing  fhall  take  no  advantage  or  benefit  of  fuch  17I6,  &c. 


purchafe  or  mortgage  alteady  figned  and  fealed 

XV.  And  be  it  further  enacted,  by  the  authority  aforefal 
when  there  is  no  clerk  of  the  church  in   that  precinft, 
within  the  precina  whereof  he  is  regifter  ;  and  that  ev^ 


hat  the  regifter  aforefaid  of  every  precinft,  Register  of 
.  regifter  all  births,  marriages,  and   burials,  '^^^J'^^ 
matter  or  miftrefs  of  a  family  who  ftiall  ne- 


gfs  and  burials. 


glea  to  regifter  the  birth  or  death  of  any  perfon  born  or  Ig  within  his  or  her  houfe  or  plantation  ;  and 
every  married  man  who  ftiall  neglea  to  remit  to  the  i  regifter  a  certificate  of  his  marriage,  and  p^^^j^^^ 
caufe  the  fame  to  be  regiftered,  for  longer  than  one  montl  each  mafter  or  miftrefs,  or  married  man,  lo 
negleaing,.  fliall  forfeit  and  pay,  to  the  faid  regifter,  one^iUing  per  month  for  every  month  fo  neglett- 
ed  ;  provided  the  whole  do  not  exceed  twenty  fhillings.  •     ,  •      rv 

XVI.  Andbe  it  further  enacted,  by  the  authority  aforesaikbzt  2l\1  penalties  and  forfeitures  m  this  aft  Penalties  how 
._.-_-j    n.  n  I-'  ^^  .,,.<.      .•   .       •'•  •<-  .     ^  .--.._*  ^fv-,^^.-^  in  frhU  Government :  «o  be  recover. 


mentioned,  fhall  be  recovered,  by  bill,  plaint,  or  informati 
wherein  no  injunaion,  proteaion,  or  wager  of  law,fhall 


in  any  court  of  record  in  this  Government ;  ^o^' 
allowed  or  admitted  of. 


^p^^svi^ifr 


20   J715^      Repealed,  1, 1741.  IT^         cHAP.  39.     ^«  ^a  coftg  -weights  and  meafure,.. 
CKAP.   40. 


CHAP.    41. 


Staple  comes  rated.     OBS. 
■An  act  to  a/certain  the  time  for  payff  porky  wheat  attd  Indian  corn.     pes. 


Provided  for  I,  1 784  26       ^"        ^°  "f"'^"^"  *he  gauge  of  barrels ,  'o  prevent  frauds  in  pprk,  hee}^  pitch  and  tar, 

R^^U^ts.  "^^  ^'^  *"  ""^"^"^^^^f^^rking  ofhorfes,  cattle,  and  and  to  prevent  injuries  being  done  by  killings  mi/marking, 

driving  away,  Graying  people's Jtocks. 

CHAP.  44. 

1729,  5,  1766 
14. 


Vol.  S,  77. 


Toll  books 
kept. 


All  cattle,  See, 
to  be  entered, 


Entering  fees. 


No  person  to 
drive  stock  on 
other  people's 
land. 


No  person  to 
bring  stock  to 
winter. 

Who  deen-.pd 
inhabitants. 


Rangers,  &c. 
to  make  dis- 
tresi. 


M  a5ito  appoint  Toll-Books  to  be  kept  at  or  near  On^s  Creek,  in  Chowan  precinB,  at  the  head  of  Pequimons 
precinct,  and  at  the  mouth  of  the  North-weft  Rin  Currituck  precina,    and  to  prevent  per fom  from  trans- 

Wporttngordnvmghorfes,cattle,orhogs,tootherns^  land^^ 
^  r  I  '^®*'^  perfons,  inhabitailts  Cginia,  frequently  coming  into  tJus  government  to  pur- 
^  fA  ^^  °^  ^OgSj  it  may  be  greatly  d  they  may  drive  away  cattle  or  hogs  which  they  have 
not  purchaled  ;  and  whereas  divers  perfons,  as  inhabitants  of  this  government  a?  of  Virginia,  do  very 
otten  drive,  lead,  or  carry  horfes,  cattle,  or  hoe  other  perfons'  lands,  where  they  fuppofe  is  better  her- 
cage  or  malt  than  on  that  whereon  they  are  d\fs :   For  prevention  whereof  ; 

•         fr^  enaaed  by  his  Excellency  ihe  Palatine,  be  reft  of  the  true  and  abfolute  Lords  Proprietors  of  the  pro- 

^"tT  .f  /  ™'*^'/>'  '^«<'  tviththe  advice  andconje.  the  rejl  of  the  members  of  the  General  AJfembly^now  met 

TfTr^^      ftf**/!  u    *^^  ^orth-eall  part  ofthefaimnce,  and  it  is  hereby  enaaed  by  the  authority  ofthefame^ 

f  rl    M*^^  1       A  ^-^  Catherine's  Creek,  in  Cho\precina,  at  the  head  of  i'equimons  river,  and  at  the  mouth 

oi  the  JNorth-weft  river,  in  Currituek  precina,rons  appointed  by  tlie  Governor  or  Commander  in  Chief 

■  h        (\!^ul^'  '°  keep  lolLBooks  ;  and  alfons,  whether  drivers,  purchafers  or  owners  of  cattle  or 

nogs,  ihall  be  obliged  to  enter  in  the  Toll-Bookry  beaft  or  hog,  with  their  mark  and  diftindion,  and  of 

Whom  purchaled  :  and  that  what  perfon  ioeveall  drive  cattle  or  hogs  to  Virginia,  and  fhall  negled  to 

K^i,*Il^nT^/"  *^^ '^^fpeftive  ToII.Books,Drding  to  this  aa,ftiall  forfeit  every  fuch  beaft  or  hog 

wnich  ihall  be  fo  omitted  as  aforefaid  ;  and  ifh  beaft  or  hog  be  not  to  be  had,  the  perfon  fo  omitting 

Peace  ^^^  ^^^  ^""^  ^^  ^^^.^  ftiillings  be  recpyered  by  a  warrant  from  the  next  Juftice  of  the 

III.  And  be  it  further  enaBed,  That  every  puafer,  owner,  or  driver  of  cattle  and  hogs,  Ihall  pay,  unto 
me  perlon  fo  appointed  to  keep  the  faid  toll-bctwo  pence  for  every  beaft,  and  one  penny  for  every  hop, 

IV  ^  i  /  ^°  ^"'''"  "'^'^  ""^'^'■^^  '"  ^he  fai,U-book,  •       ^  ^       •'  '      ^' 

.  ,  Y: .".  ''^^^prther  enacted  by  thg  auihorilyrefaid.  That  if  any  perfon  or  perfons  whatfoever,  either 
miiabiting  m  Virginia  or  this  goyernment,  jSialter  the  ratification  of  this  aft,  prefume  to  drive,  lead, 
tranlport,  or  carry  any  cattle,  horfes,  or  hogs,  range  upon  any  perfons'  lands,  fliall  forfeit  and  pay  the' 
um  ot  ten  pounds  :  and  that  no  perfon  or  p(ns  whatfoev.er,  inhabiting  in  this  government,  fhall  give 
leave  to  any  other  perfon  or  perfons,  either  inSf^nt  or  foreigner,  to  turi^  loofe,  drive,  or  put  on  his'land, 
any  horfes,  cattle,  or  hogs,  under  the  like  pen;  of  ten  pouud6,  ,  , -.         . 

V.  yf«rf  be  tt further  enaaed  by  the  authority  .efaid.  That  no  foreigner  whatfoever,  either  by  confent  or 
pormiliion  of  any  other  perfon  or  perfons  in)iting  in  this  government,  or  otlvrwifc,  fliall  prefyme  or 
otter  to  drive,  lead,  or  bring  into  this  governnt,  any  ftocks  of  cattle,  hogs,  or  horfes,  with  intention  to 
winter  them  here,  or  to  deftroy  the  herbage  oiaft  ;  under  the  penalty  of  twenty  pounds  :  and  it  is  here- 
tl  r?^  u  1  *"*^"'*^''»  ^"'^  ^o  ^all  be  underCd  and  taken,  that  no  perfon  fliall  be  deemed  an  inhabitant 
that  holds  lands  by  entry,  furvey,  or  patent,  1  fuch  as  adually  and  conftantly  refide  on  i\}£h.  lands,  or 
"^^^"y^'"^  always  tenanted,  cultivated  andiproved.  '  '        '  '    '" 

f  Ti  ff  "^  /u  ^^ ■f"*'^^'^'^  enacted  by  the  authoritforefaid,  Th,at  the  ranger  of  each  precipft  or  di^ifion  where 
luch  ottence  fhall  be  committed,  or  on  his  deflt,  the  keeper  of  the  toll- Book,  is  hereby  appointed  to  make 
diltrels  °*f"ch  cattle,  hogs,  or  horfes,  of  anysrfon  or  perfons  offending  ;  the  one  half  of  which  fine  or 
lorteiture  Ihall  be  to  the  ranger,  or  keeper  of  e  toll-book,  whichfoever  fhall  make  the  diftrefs,  and  theo, 
uier  ftalt  to  the  Churchwardens  and  Veflry.or  the  ufe  of  the  parilh  where  the  offence  fliaU  be  coajj 


VII.  And  he  H  further  enacted  by  the  authority  afore/aid;  That  all  fines  and  forfeitures  in  this  ££l  mentioned,  1715.      21 
atid.not  herein  and  herefey  exprefsly  and  particularly  mentioned  to  whom  they  fliall  be  paid,  and  how  to  be  ^.*'»^r•^ 
recovered,  {hall  )3e,  one  half  to  the  Churchwardens  and  Veftry, for  the ufe  of  the  parifh  where  the  offence  P^i^ities  ho^^' 
(hall  be  committed,  and  the  other  half  to  him  or  them  that  (hall  fue  for  the  fame,  in  any  court  of  record  in  recovned  ^  *'"^ 
this  government,  by  bill,  plaint,  or  information  ;  wherein  no  eflbin,  protection,  wager  of  law,  or  injunction, 
(hall  be  allowed  or  admitted  of. 

What  fence  s  are  fujicient.  chap.  45. 

Provided  for  2,  1777,  22, 

Afi  act  concerning Jetyants  andjlaves.  chap.  ^bS. 

Rep.  1741,  24. 
Private  buriah  prohibited.  "CHAP    ^T* 

1.  T)  E  it  emSied  by  his  Excellency  the  Palatine  and  the  rejl  of  the  true  and  ahjolute  Lords  Proprietors  of  Car  o- 

fj  lipa^  by  and  with  the  advice  and  confent  ofthif  prefmt  General  AJfembly^  now  tpet  at  Little  River,  for  the  p^r"^  ^^ 
J^orth  Ea/l  part  of  the  f aid  province ,  and  by  the  authority  of  the  fame  it  is  hereby  enaSlfdy  That  every  planter, 
owner,  attorney,  or  overfeer  of  every  fettled  plantation  in  this  government,  or  that  hereafter  (hall  be  fettled, 
fliall  fet  apart  a  burial  place,  and  fence  the  fame,  for  the  interring  all  fuch  chriftian  perfons,  whether  bond 
or  free,  that  fhall  tdie  on  their  plantation;  and  that  before  the  interring,  there  fhall  be  called  at  leaft  three  _ 
or  four  of  the  neighbours  to  view  the  .corps:  and  if  it  appears  to  them  that  the  perfon  came  to  his  or  her  violence '^'co.° 
death  by  any  violence  or  unlawful  means,  notice  thereof  fhall  be  given  forthwith  to  the  coroner  of  the  pre-  roner  ca'iled. 
cinft,  fo  that  proceedings  may  be  had  thereon  according  to  law  :  and  in  cafe  any  of  the  perfons  fo  called 
ifhall  refufe  to  come  and  view,  he  or  fhe  fo  refufing,  fhall  forfeit  and  pay  the  fum  of  five  Ihilllngs  ;  to  be  ^n'^^o^o^^''* 
levied  by  a  warrant  from  the  next  Juftice  of  the  Peace,  gnd  paid  to  the  Churchwardens,  for  the  ufe  of  the  and  view. 
poor  of  the  faid  parifh. 

,  II.  And  he  it  further  enacted  by  the  authority  aforefaidy  That  if  any  perfon  fo  dying  fhall  be  buried  Contrary  Penalty. 
to  the  true  intent  and  meaning  of  this  aft,  the  perfon  or  perfons  occafioning  the  fame,  fhall  forfeit  and  pay 
the  fum  of  ten  pounds  ;  one  third  to  the  informer,  one  third  to  the  Lords  Proprietors,  and  the  other  third 
to  the  poor,  tp  be  recovered,  by  bill,  plaint,  or  information,  in  the  General  Court  of  this  government; 
wherein  no  efloin,  prote£lion,  or  %vager  of  law,  fhall  he  allowed  :  unlefs  fuch  perfons,  in  their  lifetime, 
iignified  their  defire  of  being  interred  elfewhere  ;  or  unlefs  the  perfon  concerned  in  fuch  burial  can  make 
it  appear,  that  fo  many  of  the  neighbourhood  refuled  to  come,  on  notice  given  them,  to  appear  and  view 
thp  corps,  or  that  he  could  not,  without  great  trayel  arid  expence,  or  damage  to  the  corps,  keep  it  any 
Jpnger. 

\^  48  concerning  proving  willsy  and  granting  letters  ofadminiflration  ;  end  to  prevent  frauds  in  the  management  ckap.  48. 

of  inte/lates'  eflates. 
'I,   T5^  ^  enaSedhy  his  Excellency  the  Palatine  ^  and  the  reft  of  the  true  and  ahfolute  Lords  Proprietors  of  the  ^723, 10. 

JL/  province  of  Carolina,  by  and  nvith  the  advice  and  ccnfent  of  the  reft  of  the  members  of  the  General  j/ijftmbiy,^  'i.^^  ^;,  ^, 
now  met  a:  Little  Rivtrfor  the  North-eafl  part  of  the  faid  province,  and  it  is  hereby  enaBedby  the  authority  of  the  2,  jr84,  To.~  ' 
fame.  That  all  wills  and  adminiflrations  heretofore  proved  and  granted  by  the  Council,  General  court,  Pre-  1789,  23. 
■cindl  cdurt,  or  by  any  powers  or  commifTions  heretofore  granted  by  any  Governor,  Deputy-Governor,  Pre-  ^''^-  2»  ^''^  ^"^^^ 
fident  and  Council,  to  any  particular  perfon  or  perfons,  fhall  be  deemed,  adjudged  and  taken  to  be  good  and 
efFedual,  to  all  intents  and  purpofes  whatfoever,  as  if  proved  before,  or  granted  by,  any  drdinary  or  dther  t^e*" valid' ted 
Ecclefiaflical  Judge  or  perfon.  \ii.  ^  -         '        ' 

'    II,  and  III.  Relating  to  the  power  of  granting  prohatt  and  administration,  repealed,  1Y89,  23. 

IV.  ^nd  be  it  further  enaEied  by  the  authority  aforefaid,  That  no  perfon  do  prefume  to  enter  upon  the  ad-  '^^'*  ^^'^'<^  I 
miniftration  of  any  deceafed  perfon's  eftate,   until  they  have  obtained  fuch  cpmmifTion  of  adminiftration,  *^'i„fZcely  tie 
or  letters  teftamentary,  figned  by  the  Governor,  under  the  penalty  of  fifty  pounds  ;  one  half  to  the  infor-  repeal  of  the 
rner,  and  tlie  other  half  to  the  Governor  or  Commander  in  Chief  for  the  time  being:  to  be  recovered,  hy precedwg  ones. 
bill,  plaint,  or  information,  in  the  General  Court  of  this  province  ;  wherein  no  efToin,  proteftion,  or  wa»  {  preset  it 
ger  of  law,  Ihall  be  allowed  or  admitted  of.  reiPj:Z)f 

cpinicn  of  9ther  laiavers,  particularly  tie  compiler  of  the  Manual,  ^/jg  retained  it, 

VOL.  I.  G        . 


V.  And  be  it  further  enictid  by  the  anthority  afore faidy  That  the  Sectetafy  or  his  Deputy,  fl)i!I  not  af 
the  colony  feal,  or  fubfiga  any  letters  tefiamentary,'  -vithout  taking  the  executor's  oath,  for  performing  thi 
will  of  the  (leceafed  ;  unlefs  certificate  is  raacle  by  i  iui^ice  of  the  Peace,  that  the  fame  oatli  is  rakcn 
fore  him  j  or  letters  of  adminiftration,  without  the  adtniaiftrator  has  taken  the  oath  of  an  adrainlitrator, 
and  has  alfo  given  fufficient  bonds,  with  two  or  more  able  fureties,  taken  either  before  the  Secretary,  or  thi 

become  the  (htty  ]^{Wcqs  of  the  precin£l  court,  and  returned  into  the  Secretary's  Office,  (refpecS  being'  had  to  the  value.^ 
thecLn'7  ^^  '^^  eftate,)  in  the  name  of  the  Governor  or  Commander  m  Chief  for  the  time  being,  with  the  conditio 
court.  on  in  form  and  manner  following,  mutatis  mutandis,  viz:  ,  '1 

Condition  of  'TT'HE  condition  of  this  obligation  is  fuch,  that  if  ihe  above  bounden  A.  B.  adminiftrator  of  all  and  fin-» 
tiie  boml.  J|_     gular  tlie  goods  and  chattels,  rights  and  credits,  of  C.  D,  deceafed,  do  make,  or  caufe  to  be  made,.a«i 

true  and  perfect  hiventory  of  all  and  fingular  the  goods  and  chattels,  rights  and  credits  of  the  faid  deceafed^  , 
'  which  have,  or  fhall  come  to  the  hands,  poffeflion  or  knowledge  of  him  the  faid  A.  B.  or  into  tl^e  hands 
and  pofieffion  of  any  other  perfon  or  perfons  for  him,  and  the  fame  fo  rtiade,  do  exhibit,  or  caufe  to  be  ex- 
hibited, in  the  Secretary's  oifice,  and  one  attefted  copy  thereof  to'  the  precind:  court,  where  orders 
for  adminiftr.ition  pafled,  within  ninety  days  after  the  date  of  thefe  prefents  ;  and  the  fame  goods,  chat- 
tels, and  credits,  and  all  other  the  goods,  chatteh  and  credits  of  the  faid  deceafed,  at  the  time  of  his  death, 
or  which  at  any  time  after  Ihall  come  to  the  hands  or  pofleffion  of  the  faid  A.  B.  or  into  the  hands  or  pol- 
feffion  of  any  other  perfon  or  perfons  for  him,  do  well  and  truly  adminifter  according  tolaw  ;  and  further, 
do  make,  or  caufe  to  be  made,  a  true  and  juft  account  of  his  faid  adminiftration,  within  one  year  after  the 
date  of  thefe  prefents,  and  all  the  reft  and  refidue  of  the  faid  goods,  chattels,  and  credits,  which  fhall  b» 
found  remaining  upon  the  faid  adminiftrator's  account,  tlie  fame  being  firft  examined  and  allowed  of  b/ 
the  Governor  and  council,  general  court,  or  precindt  court,  (hall  deliver  and  pay  unto  fuch  perfon  or  per- 
fons, refpectively,  as  the  fame  iliali  be  due  unto,  purfaant  to  the  true  intent  and  meaning  of  this  a6t  ; 
and  if  it  Ihall  appear  that  any  lad  will  and  teftament  was  made  by  the  deceafed,  and,  by  the  executor  cr 
executors  therein  named,  do  exhibit  the  fame  into  court,  making  requeft  to  have  it  allowed  and  approve  1 
accordingly,  if  the  faid  A.  B.  above  bound  being  thereunto  required,  do  render  and  deliver  the  faid  letters 
of  adminiliration,  (approbation  of  fuch  teftament  being  firft  had  and  made,)  in  the  faid  court }  then  thi$' 
obligation  to  be  void,  and  of  none  efFeft  :  or  elfe  to  remahi  in  full  force  and  virtue. 
Bond  to  ue  as-  Which  bonds  are  hereby  enacted  and  declared  to  be  good,  to  all  intents  and  purpofes,  and  pleadable  ift^ 
signed  to  the  j,.jy  courts  of  juftice  ;  and  fhall  be  transferred  or  afligned,  by  the  Governor  or  Commander  in  Chief  for 
par  y  injute  .    ^^  ^j^^  being,  to  any  perfon  or  perfons  injured,  who  flaall  and  may  maintain  an  adtion  thereon. 

VI.  Repealed,  J 766,  3. 

VII.  Repealed^  1789,  23. 

Administration  VKI.  And  be  it  further  enacted  by  the  authority  aforejaid,  That  where  any  perfon  fhall  die  inteftate,  adminU' 
to  whom  grant-  ftration  fhall  be  granted  to  the  next  of  kin  to  the  deceafed,  provided  fuch  perfon  make  claim  for  the  fame,' 
in  the  Secretary's  office,  or  precin£l  court,  before  the  next  General  Court  following  the  death  of  the  in- 
teftate, before  which  timte  adminiftration  fhall  not  be  granted  to  any  perfon  ;  and  foif  want  of  fuch,  to 
the  greateft  creditor,  proving  his  debt,  upon  oat4i,  before  the  Governor  or  Commander  in  Chief  for  the 
time  being,  the  general,  or  precindt  court.  The  rest  obfolete^ 
Cre'litorsto  IX.  And  be  it  further  enaSied  by  the  authority  aforefaid,  That  creditors  of  any  perfon  deceaifed,  fhall 

cT^'^'in  7  "ear   ^^^^  *^^'"^  ^^^^^  within  feven  years  after  the  deatli  of  fuch  debtor  i  otherwife  fuch  creditor  fhall  be  for- 
ciLiebarredl!"'^^^'^  b^"^^'^'     The  rest  repealed^  1, 1184!,  2X 

CHAP.  49.  jin  aB  concerning  orphant. 

Provided  for  1762, 5,  amended  1,  1784,  29.    I  believe  yadge  h-edeil  m^ant  1789,  39. 

fHAp.  50.  An  a£i  to  encourage  the  deflroying  of  vermin,     exp* 

CHAP.  51.     Ati  Oil  to  afcei-tain  ivbat  perfons  are  tithabUs,  and  to  direB  the  method  to  be  obferved  iti  taking  the  Ms  of  them. 

CHAP.  53.  jn  a&  concerning  ordinary. keepers  and  tippling-houfes. 

Kep     1,    1741,  20.  <j  ^  r  II        o  I 

CHAP.  51,  jiTf^  fi£i  afartaining  ike  currency  oj  dollars,    osst 


tHAP.  55-     An  c&a/ctrtdihing  the  damage  upon  protejied  bills  of  ixckang:.         Rep.  I,  1741, 16.      1715.       23 
PubLc  UtUrs  how  to  he  conveyed.     OBS.  CHAP.  5S. 

An  ad  to  pTivent  taking  boats,  canoes,  end  pcltiaguas,  from  landings,  without  leave.  chap.  57. 

*^^P-  1,1741,13. 

An  aEl  to  af Certain  officers' Jus.  chap.  58. 

Re[)  1,1748,2. 
An  aSifor  r^rai/ting  tke  hidians  from  mokfling  or  injuring  the  inhabitants  of  this  government f  and  for  fecnring  chap.  5% 
td  the  \ad\2ins  the  right  and  property  of  their  own  lands.  1729  2 

WHEREAS  before  the  late  war,  daily  and  grievoas  complaints  of  rhe  depredations  and  infults  of  2, 1748*  5. 
the  Indians  were  exhibited  againft  them,  by  divers  perfons  bordering  upon,  and  lefiding  near  to  1. 1778. 16. 
the  habitations  of  the  faid  Indians  :  For  the  prevention  of  the  like  diforders  for  the  time  ta  come,  and  for  f  ^so^'ls^ss 
the  cultivating  a  better  underltanding  with  the  faid  Indians,  the  want  of  which  l»3S.been  fo  injurious  to  1733!  21! 
the' government ;  Voi-^,  122,124. 

II.  Be  itenatledy  by  his  Excellency  the  Palatihey  and  the  reji  of  the  true  and  abfolute  Lords  Proprietors  of  the  Indians  killinj 
province  ofCardinay  by  and  with  the  advice  and  confentofthe  refl  of  the  members  of  the  General  AJfembly,  now  ^"^^^  f  '^"_'^» 
met  at  Little  River,  jor  the  North  Eajjpart  of  the  faid  province,  and  it  is  hereby  enacted,  by  the  authority  ofthefamef  nished. 
That  whoever  fhall  difcover  or  find  any  Indian  or  Indians  killing,  hunting,  or  in  purfuit  of  any  horfes, 

cattle,  or  hogs,  the  right  and  property  whereof  is  in  any  white  man,  inhabiting  within  this  government, 
every  fuch  perfon  or  perfons,  "on  difcovery  or  ftght  thereof,  may,  and  he  is  hereby  empowered,  to  ap- 
prehend and  feize  every  fuch  Indian  or  Indians,  and  him  or  them  fo  apprehended  and  taken,  to  convey 
before  fome  one  of  the  commiflioners  to  be  appointed  for  Indian  affairs,  and  for  want  of  fuch,  before  the 
next  magiftrate  ;  which  faid  commiffioner  of  magiftrate,  together  with  the  ruler  or  head  man  of  the  town 
to  which  fuch  Indian  delinquent  may  belong,  is  and  are  hereby  impowered  to  punilh  every  fuch  delinquent  Appeal, 
in  fuch  manner  as.  the  nature  of  the  offence  may  require,  and  to  award  reftitution  to  the  party  injured  for 
all  damages  by  him  fuftained  >  faving  always  the  right  of  appeal  to  the  Governor  and  council,  if  either 
party  fhall  think  themfelves  aggrieved  or  wronged  thereby. 

III.  And  be  it  further  enabled  by  the  authority  aforefaidj  ITiaf  if  any   difference    fhall,  for  the    future  Differences  bs- 
arife  between  any  white  man  and  Indian,  concerning  trade  or  otherwife  howfoever,  every  fuch  differ-  ^^^een  whue 
ence  (hall  be  heard,  tried,  and  determined  by  fuch  commiflioners   as  the   Governor  or  Commander  in  gjjs. 

Chief  for  the  time  being  fhall  appoint,  together  with  the  ruler  or  head  man  of  tlie  town  to  which  the  In- 
dian belongs  ;  faving  only  the  right  of  appealj  as  is    herein  before  faved  and  excep'ted. 

IV."  And  whereas  there  is  great  reafon  to  believe,  that  difputes  concerning  land  has  already  been  of  None  to  buy 
fatal  confequence  to  the  peace  and  welfare  of  this  colony  ;    Be  it  further  enacted,  by  the  authority  aforefaidy  ^^^^Ifl}^^'^^' 
That  no  white  man  flialljj  for  any  confideration  whatfoever,  purchafe  or  buy  any  tra£i  or  parcel  of  land,  consent  of  Ga- 
claimed  or  adlually  in  poffeflion  of  any  Indian,  without  fpecial  liberty  for  fo  doing  from  the  Governor  vemorand 
and  Council  firll  had  and  obtained,  under  the  penalty  of  twenty  pounds  for  every  hundred  acres  of  land  ^'^""<='^' 
fo  bargained  for  and  purchafed  ;  one  half  to  the  informer,  and  other  half  to  him  or  them  that  fhall  fue 
for  the  fame :  To  be  recovered  by  bill,  plaint,  or  information,  in  any  court  of  record  within  this  govern- 
ment;   wherein  no    effoin^   protection,  injunftion,  or  wager  of  law,  fhall  be  allowed  or  admitted  of. 

V.  And  be  it  further  enaBed  by  the  authority  aforefaidy  T!h2it  whsX^SQX  \vh\tQ  mzxx  ihi\\  defraud  or  take  White  raen  not 
from  any  of  the  Indians  his  goods,  or  fhall  beat,  abufe,  or  injure  his  perfon,  each  and  every  perfon  fo  '"  '"o'est  Indi- 
offending,  fhall  make  full  fatisfadlion  to  the  party  injured,  and  fhall  fuffer  fuch  other  punifhment  as  he  *"^' 
fhould  or  ought  to  have  done,  had  the  offence  been  committed  to  an  Englifhman. 

Public  triafurers  to  give  account.  chap.  60. 

Provided  for  By  subsequent a<51s. 

■An  aajor  a  ioturi  on  Roanoke  tfland,  for  tke  encouragement  of  trade  from  foreign  parts'.  chap.  &l. 

Rep.  1723,  12. 
An  aclfor  raifng  corn,  to  fatisfy  the  debt  due  from  this  government,  to  tke  Honourable  Charles  Cra-  chap.  62. 
ven,  Efq  ;  Governor  of  South-Carolina  \  and  for  the  fubfifltnce  of  fuch  forces  asfJiall  be  rafcdjor  the 
ziecfjfary  dtfcnce  of  the  frontiers  df  this  iovcrnriicnt.    obs. 


24     1715.  CHAP.  69.     An  a&  Jot  raijing  the  fum  of  two  thoufand  pounds,  annually,  till  ike  public  d^kts  of^ 

-   '-   '  anfuertd  and  paid,  Jor  the  better  encouraging  the  currency  of  the  public  bills  of  credit,     obs. 


CHAP.  66,     4n  a&Jor  the  confirmation  of  the  laws  pafjed  thtsfejfion  ofaffemhly,  andfor  repealing  all  former  laws. 

not  herein  particularly  excepted.     OBs. 

r  •  .  - 

THE   TITLES   OF   THE   PRIVATE    ACTS; 

52  An  ȣt  for  appointing  a  town  in  the  ooun^  of  BatH,  and  to  make  fiwther  provision  for  Ann,  the  daugh'er  of 
for  securing  the  public  library  belonging  to  St.  Thomas'  said  Thomas  Peterson,  to  whom  the  said  lands -do  de- 
Parish,  in  Pamtico.  scend. 

64  An  act  impowering  Johanna  Peterson,  \vidow  of  Thomas  Pe-  65  An  aft  confirming  the  titles  of  sundry  persons  who  have,  or 

terson,  late  of  Alben^arle  county,  Esq.  to  make  sale  of  hereafter  may,  purchase  lands  of  Col,  Thomas  Gary,  iit 

G«rUin  lands,  iate  belonging  to  Thomas  Peterson,  and  Bath  county.'                                                              ™ 

Signed  by  CHARLES  EDEN,  Esq.  Governor. 

N.  Chevin,  W.  Reed, 

Chr.  Gale,  Tobias  Wright* 

Francis  Forster, 

Lords  Proprietors  Deputies^ 

Edward  Moseley,  Speaker^ 


1720. 


At  a  General  Biennial  ASSEMBLY^  held  at  the  Court-House  in  Chowan  Pre-  ^^^^,^,^ 
cin6l,  the  Second  Day  of  August,  One  Thousand  Seven  hundred  and  Twen-  Governor. 
ty,  and  continued,  by  several  Adjournments,  to  the  Twentieth  Day  of  the 
$ame  Month, 


finaBJorleJfening  the  poll  and  land  taxt  mdjor  preventing  of  concealmtnts.    JIEp;  chap,  l; 

An  additional  act,  to  the  act,  intituled,   "An  aft  for  eftablifMng  the  church,  and  appointing  fele£l  chap.  2. 
•  ■■-  .veftries.'^  Rep-  1. 1"*'. 

23. 

An  act  in  addition  to  the  act,  for  making  a  town  at  Queen  Anne's  creeiJ'a)  chap.  3. 

•  '  Rep.  174-0.1; 

An  additional  act  to  an  act,  intituled  "  an  aft  concerning  ordinary-keepers  and  tipplirg-houfes."    chap.  4. 

•"'•■'      ^  Rep.  1,  1741, 

20. 

4n  act  in  explanation  oj  the  act,  cpncerningjervants  and  slaves.  chap.  5. 

Rep.  1, 1741, 

THE   TITLES    OF    THE  PRIVATE  ACTS.  2*. 

£  An  &ia  to  confirm  a  decree  made  in  the  court  of  chanceiy  of  this  province,  upon  a  bill  of  complaint  exhibited  by  William 
^  ■"  .        .  ^  Duckenfield,  Esq. 

Signed  by  CHARLES  EDEN,  Esq,  Governor. 

Thomas  Pollock,    W.  Reed, 
Francis  Forster,    John  Lovick, 
Lords  Proprietors  Deputies. 

William  Swann,  Speaker. 

(a)  I  have  mentioned  the  repeal  of  this  aft  by  the  a<5t  of  August,  ,1740,  Chap.  1,  on  the  authority  of  Mr.  Mosely's  and 
Mr.  Swann's  edition,  though  the  latter  a<3  only  expressly  repeals  an  aft  of  March,  1738,  Chap.  8.  But  as  the  title  of  the  above 
-aft  alone  is  given,  I  cannot  iorm  a  judgment  as  to  an  implied  repeal,  even  if  it  was  material  to  do  so,  which  it  is  not^  as  the  act  is  a 
private  one. '  The  original  Act,  "  For  making  %  town  at  Qneen  Anne's  creek,"  I  cannot  any  where  find,  nor  is  the  title  of  it  in- 
serte^l  in  any  edition  I  have  seen,  ' 


y<^L.  I.  )« 


26      112^. 


Rf.eo.  Esq. 
Piesident. 


At  a  General  Biennial  Assembly,  held  at  Edenton,  in  Chowaft  Precln6l,  ther 
Second  day  of  October,  One  Thousand  Seven  Hundred  and  Twenty-two, 
and  continued,  by  several  Adjournments,  to  the  Nineteenth  Day  of  the 
same  Month. 


CHAP.  1; 


CHAP.   2. 


CHAP.    3. 

Ante  p.  20. 


Toll-offices 
where  kept. 


Toll-keepers 
feesi 


gtn  act/or  a  road/rcm  Core-Point,  en  Pampiico,  to  Nfiotern,  en  Ncufi  R^vtt.    ObS/ 

An  aSlfor  making  the  fum  of  twelve  thcufand  pounds y  public  bills  of  credit ^  fot  exchanging  fitch  of  the  public 
bills  of  credit  as  are  noiu  current ^  thereby  to  render  them  the  mortujeful  to  the  gowrnntent  and  for  regulating- 
the  taxes.     OBS. 

An  additional  aB  to  an  oBy  entituled,  "  An  aft  appointing  Toll-Baoks." 

WHEREAS  an  aft,  intituled,  "  An  act  for  appointing  toll-hooh  to  be  kept  in  this  governineni"  h^s  btf^' 
pafled  ;  and  the  faid  aft  has  been  rendered  ufelefs  by  reafon  of  the  places  appointed  by  it  foi' 
toll-books  to  be  kept  being  inconveaient,  and  the  fees  allowed  to  luch  perfoiis  as  are'  appointed  to  keep 
them  fo  fmall,  that  no  perfori  will  take  the  trouble  of  the  faid  office  On  himfelf :  wherefore  it  is  prayed,* 
that  an  aft  may  be  made  for  the  continuance  of  the  faid  aft,  and  that  there  be  fixed  places  appointed  for 
the  toU-^keepers  in  the  feveral  piecinfts,  and  that  the  faid  toll-keepers  fees  be  raifed  :  ,  I 

II.  Be  it  therefore  enaBed  by  his  Excellency  the  Palatine  andthe  rejl  of  the  true  and  abfolute  Lords  Proprietors  of  ] 
Carolina,  by  and  with  the  advice  and  confent  of  this  prefent  General  Ajjembly,  now  met  at  Edentcn,  on  ^leen  Jn" 
ne's  Creek,  in  Chowan  precinB,  for  the  north'CaJi  part  of  the  faid  province ,  and  it  is  hereby  enaBed  by  the  au'" 
thority  of  the  fame.  That  the  toll-office  for  the  precinft  of  Chowan,  be  kept  at  the  head  of  Catherine's 
creek,  near  Mr.  Thomas  JSpeight's,  at  the  head  of  Pequimons,  and  at  Maycock  creek,  in  Currituck 
precinft  ;  for  Bertie  precinft,  at  Boon's  ferry,  and  fuch  other  places  as  the  precinft  court  {hall  appoint : 
And  that  every  toll-keeper  fhall  be  allowed  the  fum  of  four  pence  for  each  hog,  and  fix  pence  a  head  for 
all  cattle,  carried  or  tranfported  out  of  this  government,  by  all  perfons  carrying  or  tranfpor ting  the  fame, 
under  the  like  penalty  as  in  the  faid  aft  is  mentioned  ;  and  the  faid  toll-keepers  are  to  obferve  all  articles- 
and  claufes  in  dxe  faid  aft  mentioned,  under  the  like  p^ins,. fines,  and  penalties  therein  expreffed. . 


An  aB  appointing  that  part  of  Albemarle  county y  lying  on  the  wefl  fiie  of  Chowan  river,  to  be   a  precinByb^* 

the  name  of  Bertie  precinB.  (a ) 
HEREAS  that  part  of  Albemarle  county  lying  on  the  Weft  fide  of  Chowan  river,  being  part  of 


CHAP.  S. 

Rej).  by  the 

King's  procla-    "\"TIT  .     -      _ 

nation,  but  re-     ^  V     Chowan  precinft,  is  now  inhabited  almofl:  to  the  utmoft  of  the  faid  county   wellward,  and  by 

enafled,  175G,  jeafon  of  the  remote  fituation  thereof,  the  inhabitants,  which  are  growing  very  numerous,  cannot,  with- 
out too  great  inconveniency,  be  continued  any  longer  as  part  of  Chowan  precinft  :  wherefore, 

II.  Be  it  enaBed  by  his  Excellency  the  Palatine,  and  the  refl  of  the  true  and  abfolute  Lords  Proprietors  ofthepro^ 
vince  of  Carolina,  by  and  with  the  advice  and  confetf  of  the  refi  of  the  members  of  the  General  Affembly.  now  met 
at  Edtnton,  at  ^teen  Anne's  Creek,  in  Chowan  precinB,  for  the  North-taji  part  of  the  faid  province,  and  it  is 
hreby  enaBed  by  we  authority  of  the  fame.  That  that  part  of  Albemarle  county  lying  on  the  weft  fide  of 
Chowan  river,  being  part  of  Chowan  precinft,  bounded  to  the  Northward  by  the  line  dividing  this  go- 
vernment from  Virginia,  and  to  the  Southward  by  Albemarle  found,  and  Morattuck  river,  as  far  up  as 
Welch's  creek,  and  then  including  both  fides  of  the  faid  river,  and  the  branches  thereof,  as  far  as  the 
liiaits  of  this  government, ,  be,  and  the  fame  is  hereby  declared  to  be  erefted  into  a  precinft,  bjrthe 
name  of  Bertie  precinft,  ini  Albemarle  county ,-  with  all  and  every  the  rights  and  privileges,   and  other 

(a)  For  the  various  subdivisions  of  the  precinfls  or  counties,  (the  latter  being  the  name  given  to  the  former  by  aA  sixth  of 
Msrcii,  ch  3.  ^21)  see  the  Index,  where  I  thought  the rcfaence  lo  iLem  w:uld  te  tnirc  ccaveiuent  than  by  marginal  notes, 


benefits  and  advantages  whatfcver.  as  any  other  of  the  four  ptecina.  in  Albemari.  county  can  .or  pay  15^  2l 
have,  ufe,  or  enjoy.     The  reji  ocJAete. 

An  aa  concerning  fees  and  officers.  chap.  6. 

Kep.  1,  l.'4o,2i 

^  fl<3  for  fettling  the  precinB  cSurts,  and  court-houfes.  ,        ^       ,  ««^'-  ^' 

WiiElJEAS  through  the  great  taxes  and  charges  this  government  hath  laboured  under,  by  means 
of  the  late  InTan  warfthere  has  been  no  care  taken  by  precedvng  Affembhes,  to  fett  e  the  fe- 
Veral  prect«  to  any  hxed  or  certain  P^-.  ^^^  ^^^^^^^^^^^ 

for  the  future;  p^/w;„,    „„d  the  relt  of  the  true  and  ahfolute  Lords  Proprietors  of  the  ]^^^^^^y'\V^^' 

TT     iRpH  fnaBedbv  his  EiccelleHcvthe  Falatme,  ana  tiieren  ojToe  trup  anuuvj  r  ^n         i  jm,^    cnasehndto 

11.   X(^  If  f «a^r^a  oy  pu  m.  y  ^jmif rj  o/ this  prefent  General  Affem-  ^-.^  ^„^^^. 

by  each  and  every  perfon  refpeaively.  in  the  fame  manner  and  form  as  they  do  their  public  levy,  and  un 

■    der  tlte  fame  fines  and  forfeitures.  >  . ,    mi.  . -r  ,r^«  a^  ^orfnnQ  OiqU  rpftife  to  fell  ^^""^""^  "*^"' 

IV    And  he  it  further  enaBed  by  the  authority  aforefaidy  That  if  any  perfon  or  perlons  ihall  retule  to  lell  ^^      „,,ii,^„d, 

hereby  required,  on  oath,  to  appraife  the  fa  d  land  -  And  In  caie  me  owne  conveyance  shall  take.  & 

rartwentytur^^^^^^^^^  wide,)  within  fix  months  after  the  ratification  of  this  aa  •,  th^t  sons. 

hen  Id  in  S  cafe,  the  Governor  or  Commander  in  Chief  for  the  time  being,  fhall,  and  he  is  hereby 
miVered  and  direa^^  to  nominate  and  appoint  fuch  perfon  or  perfons  m  each  and  every  precina  fo 
nTeSor  refufing  which  perfons  fo  appointed,  fliall  have  the  fame  power  and  authority  to  lay  he 
y^ftfxrpur^^^^^^^^  land,  and  build  the  faid  court-houfes,  as  the  faid  Juftices  might  or  ought  to  have 

'^V?'  tdtit further  en^Bedly  the  authority  aforefaid.^^.t  the  lands  hereaf.r  -n^io-d^^^^^^^^  ^"^ 

veralJuftices  or  the  major  part  of  them,  in  each  refpeaive  precina,  purchafed,  to  and  for  the  building  ,„„,,.h,u,es 
and  ereaing  the  feveral  court-houfes  on :  that  ts  to  fay:  °"- 

For  the  precina  of  Chowan,  at  Edenton.  ■vTorrr>„rQ 

For  the  nrecina  of  Pequimons,   at  Jonathan  Felp's  Point,  at  the  mouth  of  the  Narrows. 
Forrheprecrnaof?u^rituck,'onthe!andof  Mn^  Peyner,  next  to  the  land  of  Mr.  WiUiam 

Parker;  orat  Mr.  Parker's,  as  the  J  uitices  fliall  appoint. 


28     1722.        For  the  predn£l:s  of  Beaivfort  and  Hyde,  at  Bath-Town.' 
s^i-v^O       For  the  precinft  of  Craven,  at  Newbern. 

For  the  precinft  of  Carteret,  at  Beaufort  Town. 

For  the  precin£t  of  Bertie,  now  by  this  Aflembly  laid  out,  at  fome  convenient  place  at  Abotflcey,  wher$ 
the  Juflices  ftiall  appoint. 

For  the  precin£t  of  Pafquotank,  at  fuch  place  as  the  Juftices  (hall  appoint. 
All  business  In  And  whereas  many  inconveniences  hath  happened  in  this  government,  by  reafon  of  the  failing  of  the 
any  court  not  courts,  which  too  frequently  have  been  occafioned  by  failure  of  a  fufficient  number  of  Juftices  to  meet : 
of' wUceTcon-  ^^^  prevention  of  which  for  the  future }  Be  it  enaSledby  the  authority  aforefaid,  That  all  actions  of  bufmefs 
tinned,  2,  irr^i  whatfoever  now  depending,  or  hereafter  to  be  depending,  in  the  General  Court,  or  any  precindl  court 
2,  in  this  government,  fliall  not   be   difcontinued  by  reafon«or   failure  of  a   fufficient  number  of  Juftices 

meeting  at  the  days  appointed  ;  but  that  all  fuch  adlions  or  bufmefs  fhall  ftand  continued  till  the  next 
court :  Any  law,  cuftom,  or  ufage  to  the  contrary,  notwithftanding. 

THE  TITLES   OF  THE  PJIIVATE  ACTS, 

t  ■         '  '       '  '  ■  ■  '     "        ■ 

4  An  afl  for  enlarging  and  encouragement  of  the  Town  called  wan  that  lies  on  the  South  shore,  and  Alligator,  to  be  a 

Edenton,  in  Chowan  Precinfl.  »  distinA  parish,  by  the  name  of  the  south  parish  of  Cho» 

f  An  aa  appointing  that  part  of  the  South-west  Parish  ef  Cho-  wan ;  and  for  appointing  vestrymen  for  the  said  parish. 

Signed  by  WILLIAM  REED,  Esq.  Prefident. 

Chr.  Gale,    Richard  Sanderson. 
John  Lovick,  Thomas  Lovick. 

Lords  Proprietors  Deputies ^ 

Edward  j^IosELEt,  Spepier^ 


1723.      29 


At  a  General  Biennial  ASSEMBLY,  held  at  Edenton,  in  Chowan  Precina,  llT^t,^^, 
the  Twenty-third  day  of  November,  One  Thousand  Seven  Hundred  and '^''^«"»"" 
Twenty-three. 


An  aS  to  provide  indifferent  jurymen  in  aUcaufety  civil  and  criminal.  CHAP.  1. 

'  .  Rep.  1, 1748,8. 

Ah  aB  entitled <*  An  additional  aift  to  the  a£V,  relating  to  biennial  and  other  aflemblie^,  and  regulating  elec-  chap.  2. 
tions  ;  and  diyejrs  other  things  rjelajring  tp  towns."     rep. 

^n  aSlfir  appropriating  part  of  the  imptji  duty  on  vejjels,  or  potvder  money y  to  beacon  out  the  channels  from   Roa-  cHAP.  3. 
ftoke  and  Occacock'InletSt  and  feveral  other  things y  to  facilitate  the  trade  apd  navigation  of  this  govern^ 
ment,     Eif  p. 

An  aS for  fettling  the  titles  apd  iomids  of  lands,       '  chap.  4, 

J.   TJ  E  'f  enaffed  by  his  Excellency  the  Palatine,  and  the  irefl  of  the  true  and  ahfolute  Lords  Proprietors  of  Carolina,  3^29, 6. 

fj  by  and  with  the  advice  and  confent  of  this  prejent  General  Affemhlyy  now  met  at  Edenton,  for  the  North-  Land's  pracessi- 
Eq/l  part  of  the  faid  Province,  and  it  is  hereby  enȣled  by  the  authority  of  the  fame.  That  the  lands  belonging  oned,  and 
to  every  perfon  in  this  government  ftiall  be  proceflioned,  and  the  marks  lenewed  once  in  every  three  marks  rene^ved 
years.     The  refi  of  this,  and  the  three  following  feElions  repealed.     Vol.  ,2,  27.  ^^     '  ^ '  c 

V.  And  forafmuch  as  no  provifion  has  been  made  in  this  aft,  to  compel  fuch  perfon  who,  out  of  an  ^"^°^^^^^^vg ' 
obftinate  temper,  ftiall  refcf?  to  hay^  their  lands  procejOTioned,  to  the  damage  .of  the  owners  of  adjacent  ,j^gj^  l^n(j5  p^o. 
lands  ;  Be  itenaEled,  That  then,  and  in  fuch  cafe,  all  and  every  perfon  or  perfons  fo  refufing  to  have  their  cessioned,  court 
lands  proceflioned,  purfuant  to  the  direftions  in  this  aft  ^ven  them,  the  two  freeholders  proceflioners  as  toordmhe^ur- 
afcrefaid,  (hall  caufe  fuch  retufal  to  be  certified,  in  writing,  to  the  next  fucceeding  precinft  court  ;  which  .^^^  j^  ^^^^  ^^ 
court  is  hereby  impowered  and  required  to  command  the  Surveyor-,General,  or  his  Deputy,  attended  with  the  charge  of 
four  reputable  freeholders,  who  ihall  be  nominated  and  appointed  by  the  faid  court  for  that  pjurpofe,  and  the  person  rc- 
fworn,  to  lay  out  the  bounds  of  the  faid  lands,  to  the  beft  of  thjeir  judgment  an<^uriderflanding  ;  and  accord-      '  «•* 
ing  as  it  ftiall  appear  to  them  by  deeds,  writings,  or  other  evidences,  they  fhall  proceed  to  fettle  the  bounds 
of  the  faid  lands,  at  the  proper  cofts  and  charges  of  the  perfon  refufing  to  have  the  faid  bounds  laid  out  >       j 
and  the  faid  Surveyor-General,  or  his  Deputy,  {hall  return   the  purvey   thereof,  with  the  proceedings  ^^^  ^^^.^^1.^^  ^j^^ 
thereon,  to  the  next  precinft  court,  there  to  be  recovered,  by  the  clerk  of  the  faid  court,  in  a  book  for  that  next  court, 
pyrpofe  ;  which  bounds  and  furvey  made  in  manner  aforefaid,  ftiall  Jae  taken  and  deemed  a  fufficient  pro- 
cj:ffioning,  as  if  the  fame  had  been  done  by  the  confent  of  the  party  •  and  if  any  of  the  faid  Juftices,  or  Persons  failing, 
the  Surveyor,  Clerk,  or  freeholders,  not  having  a  lawful  excufe,  ftiall  fail  in  his  or  their  duty,  as  by  this''fj^'«'°P^- 
aft  is  enjoined  and  direfted,  he  or  they  fo  failing,  (hall  forfeit  and  pay  the  fame  penalties*  as  before  in  this,  pi^g  pounds. 
aft  is  laid  on  the  faid  Juftices,  Churchwardens,  yeftry,  and  proceffioners,  failing  in  their  duty  ;  to  be  re- 
covered in  like  manner,  and  to  the  fame  ufes. 

Vi.  And  be  it  further  enaSiedby  the  authority  aforefaid.  That  all  and  every  perfon  whofe  lands  fhall  be  precefli-  Persons  whose 
oned  to  him,  according  to  the  direftions  of  this  aft,  at  two  feveral  times,  fuch  perfon  ftiall  be  deemed  and  l^l^^***^^^^^?! 
adjudged  to  be   the  fble  owner  of  the  faid  lands  ;  and  that  upon  any  luit  commenced  for  any  fuch  lands  oned,  deeded 
the  party  in  poflefllon  may  plead  the  general  iflue,  and  give  this  aft  in  evidence.  sole  owners. 

VII.  Preyi4ed  always 'i)xiit  the  procelTioning  of  the  lands  of  a  tenant  for  life,  ftiall  not  bar  or  preclude  Not  to  bar  per- 
the  heir  in  reverfioft  or  remainder  J  neither  ftiall  any  proceflloning  bar  or  preclude  perfons  under  age,  fg^g^j^g^f/*' 
Feme  Coverts,  Non  compos  mentis,  imprifoned,  or  out  of  the  government  :  but  that  all  fuch  perfon  or  per-  &c. 
fons  ftiall  have  free  liberty  to  fue  for  and  difpute  the  title  and  bounds  of  anv  Jands  within  this  province  ; 

Vol.  I.  I  -         '     ' 


30      1723.  provided  that  the  faid  perfon  or  ferfons  Commence  fuit  and  profecute  the  fame,  within  the  time  already 
<««'-rHj  limited  by  the  laws  of  this  Government,  after  the  removal  of  fuch  difability. 

VIII.  And  whereas  lapfe  patents  are  accuftomed  to  be  granted  to  the  firft  petitioners  for  all  fuch  lands 
which  are  not  feated  and  planted  according  to  the  condition  of  provifion  mentioned  in  the  refpedlive  pa- 
tents, which  has  often  proved  to  be  the  ruin  of  orphan'  children,  (whofe  parents  have  died  leaving  lands 
unfeated,)  by  negleft  of  Guardians  and  truftees  in  not  fettling  and  fecuring.  the  feme  in  due  time  :  For 
prevention  whereof  for  the  future  ; 
Orphan's  lands  IX.  Be  it  enailtd  by  the  authority  aforefaidy  That  whofoevei',  for  the  future,  (hall  petition  for  the  lapfing 
'^P""S»  of  any  land  belonging  to  any  orphan  or  orphans,  fuch  perfon  fo  petitioning,  fhall,  and  he  is  hereby  required 

and  commanded,  to  give,  at  lealt,  thirty  days  notice  of  fuch  petition's  being  lodged,  to  the  guardian  or 
truftee  of  fuch  orphan,  before  the  next  council  after  the  petition  is  lodged  ;  and  in  cafe  the  faid 
guardian  or  truftee,  after  fuch  notice  given,  fliall  refufe  and  neglect  to  appear  at  the  faid  council,  and  there 
take  out  a  patent  for  the  faid  land,  in  the  name  of,  and  to  the  ufe  of  fuch  orphan  or  orphans,  (who  fhall 
defuturo,  have  the  preference  in  lapfing  fuch  lands  as  are  hereditary  to  him  or  her^}  fuch  guardian  or  truf- 
tee fhall  be  removed  by  the  governor  and  council,  or  precin£l  court,  from  his  guardianfhip,  and  Ihall  be- 
fubjeft  to  the  fuit  of  the  orphan,  and  to  anfwer  all  damages  which  the  orphan  fliaiL  fuilain  by  reafon  ot  his 
negledl:. 

CHAP.  5.       An  a£i for  an  additional  tax  on  all  fi'^ee  ttegvoeiy  mulattdesy  mujieesy   and  fuehrer fonty  ritaU  and femaUi  at  now 
Rep.  as  to  that  are,  or  hereafter  pall  be,  intermarried  with  any  fuch  perfonsy  refident  in  this  government, 

part  refetmg  to  taxables.  4,  1760,  2,    as  to  the  remainder,  by  1,  1J41,  24. 

CH  A  P.  6.  An  aEifor  the  bettef  afceviaining  naval  officers'  and  colleSiori  fees. 

K(  p.  1748,  2. 

CHAP.  7.  An  additional  aSi,  to  an  aSij  intituled  "  An  a£l  for  qualification  of  public  officers.     oB$. 

CHAP.  8.  AnaSl  for  deflroying  of  squirrels,     rbp,- 

CHAP.  9.  4n  aSlfor  regulating  proceedings  on  original  dttsehmetits,/ 

Rep.  2, 1746, 2. 

CHAP.  1 0.     An  additional  act  to  an  act  Mtitled  '  *  An  a£t,  concerning  proving  Wills,  and  granting  letters  of  adminiftration  v 
Ante.  p.  21.      ^^^  ^°  prevent  frauds  in  the  management  of  inteflates'  eftates. 

WHEREAS  it  has  been  cttftomary  for  executors  or  adminiftrators  to  brin^g  the  eftates  of  deceafed' 
perfons  to  appraifments,  which  appraifments  have  generally  been  much  fhort  of  the  true  value 
of  the  fame  ,•  to  the  great  detriment  of  the  creditors  and  kindred  of  the  perfon  deceafed  :  For  prevention 
of  the  like  for  the  future  ; 
Deceased  per-        II.  Be  it  enacled  by  his  Excellency  the  Palatine,  and  the  rrfl  of  the  frite  and  dbfolate  Lords  Proprietors  of  the  pro- 
how   oTtf"^      vince  of  Carolina,  by  andtvith  the  advice  andconfent  of  the  refi  of  the  members  of  the  General  Affembly,  now  met  at 
Edenton, for  the  Horth-eafi  part  of  the  faid  province  y  and  it  is  hereby  enabled,  by  the  authority  of  the  famtylhst 
from  and  after  the  ratification  of  this  aft,  all  and  every  executor  or  executrix,  adminiftrator  or  adminif- 
tratix,  lliall,  fometime  before,  or  at  the  next  precinft  court  after  his,  her,  or  their  entering  on  the  adrni* 
niftration  of  any  deceafed  perfon's  eftate,  draw,  or  caufe  to  be  drawn,-  a  juft,  true,  and  perfeft   inven* 
tory  of  all  the  goods  ^nd  chattels  of  the  deceafed,  (fuch  only  e^xepted  as  by  the  afore-mentioned  formet' 
"i'^^e  act  dgre     law  are  feferved  to  remain  to  the  ufe  of  orphans  not  of  age  till  they  arrive  to  full  age,  or  fuch  as  are  by 
Vitllre^vMion.  ^P^*^^^^  legacies  particularly  bequeathed  y)  which  inventories  fhall  be  exhibited  at  the  refpe£live  courts  of 
■  the  precindb  in  which  the  faid  goods  arc,  and  attefted,  on  oath,  by  the  perfons  exhibiting  tlie  fame  ;  and 
a  copy  of  which  inventory  fo  exhibited  and  attefted,  the  executor  or  adminiftrator  fiiail  caufe  tabe  affixed 

tu^rlpc^aUd^'  **  ^^^  court-houfe  door  of  the  prccinft,  during  the  court's  fitting,  giving  notice,    that  on  the day 

YU,2,AQ,  '     ^^  ~ (which  lliall  be  fome  days  before  the  next  fucceeding  court)  the  faid  goods  will  be  expofed  to 

public  fale,  to  the  higheft  bidder,  at  the  place  where  the  faid  goods  are  referved  antllkept  ;  and  the  exe- 
cutors or  adminiftrators  (hall,  on  oath,  render  a  true  account  of  fuch  fale  to  the  next  court  immedKitely" 
fucceeding  fuch  falcf,  and  (hall  accordingly  be  accountable  for  tlie  fame  to  fuch  perfons  as  m  the  afore- 


mentioned former  law  is  provided; 


>  til.  And  in  cafe  the  eftate  o^  any  perfbn  deeeafed  (hall  be  fo  far  indebted  as  that  the  debts  cannot  be    1723.      31. 
difcharged  by  the  fale  of  what  are  deemed  periihable  commodities  ;  Be  it  further  enaSted,  That  then  and 


in  fuch  cafcj  the  fexecutor  or  admirilltrator  fhalj,  and  they  are  hereby  impowered  and  required,  to  eJtpofe  testate  to  be 
to  fale,  in  like  manner  as  aforelaid,  by  the  dirediions  of  the  precin£l  court,  fuch  part  of,  and  fo  many  of  the  *°''*'  if  reciiu. 
unperifliable  goods,  direded  by  the  before- mentioned  &£k  to  be  kept  and  ireferved  in  kind,  as  will  pay  and  j^o/.  2  6i 
fatisfy  all  fuch  debts  and  demands.  "   ' 

JV.  And  whereas  fonie  doubts  have  arifen  concerning  the  manner  of  recovery  of  legacies,  filial  portions,  Legacies,  &q. 
and  other  parts  of  duceafed  perfons'  eftates  ;  Be  it  further  enacted,  That  it  (hall  and  may  be  lawful  to  re-  how  recov.erei 
Cover  the  fame  by  petition,  according  to  the  refpedtive  fums  fued  for,  in  the  general  or  precind  courts  >of  2^^777  2 
this  province,  as  well  a«  in  any  exclefiaftical  or  other  court  whatfoever.  1782,  li. ' 

An  aSi  t9   reflrain  the  keeping  too  ^r  eat  a  number  of  horfes  and  mares,  and  for  amending  the  breed.  CHAV.  11.' 

I.    W\  E  it  enacted  by  his  Excellency  the  Palatine  and  the  rejl  of  the  true  and  ahfolute  Lords  Proprietors  of  the  fro-  '"^8,  9. 

J^vince  of  Carolina,  by  and  v  ith  the  advice  and  confent  of  the  reji  of  the  members  of  the  General  Affembly,  ^\?'  ^^^' 
fmu-  met  at  Edenton,for  the  North-'Enfl  part  ofthefaid  province^  and  it  is  hereby  enaEied  by  the  authority  of  the  sons  proh^bitej 
Jame^  That  no  perfon,  being  an  inhabitant  of  this  government,  and  not  having  a  freehold  of  fifty  acres  of  t"  keep  astalltr 
land,  or  poffeffed  of,  or  occupying  lands  or  tennements,  (hall  keep,  as  owner,  a  ftone-horfe  or  horfes,  or  '^'"'■T.are, 
unfpayed  mare  or  mares,  or  any  mole  than  one  gelding,  or  fpayed  mare  to  run  at  large,  I'gddmg  oT 

II.  And  be  it  furthtr  enaSled  by  the  authority  ^rf/a/^.  That  if  any  perfon,  not  qualified  as  aforefaid,  {hall  spayed  mare, 
Keep  any  horfeormare  running  at  large,  e^^:ept  one  gelding,  and  one  fpayed  mare,  as  aforefaid    it  {hall  "^"""'"S  £^t 
and  may  be  lavvful  for  any  perfon  to  take  up  the  fame,  who  is  hereby  obliged  and  directed  to  give  notice  '^'^^^'. 
thereof,  in  writing,  to  the  owner,  within  three  days  after  fuch  taking  up  :  which  ov/ner  Ihall  have  liberty  ^'^' **"""' 
fo  appear  at  the  next  fucceeding  court  of  the  county  wherein  he  dwelleth,  and  if  he  can  prove,  to  the  fa- 
fisfadion  of  the  faid  court,  that  he  is  qualified,  according  to  the  meaning  of  this  ad,  to  keep  fuch  horfe  or 

mare  fo  taken  up,  he  (hall  have  the  fame  reftored  ;  but  if  he  fhall  fail  in  his  proof  aforefaid,  he  {hall  pay 
to  the  perfori  taking  up,  twenty  (hillings  for  every  horfe  or  mare  fo  taken  up  :  And  if  the  owner  of  fuch 
horle  or  mare  (hall  refufe  to  pay  the  aforefaid  fum  of  twenty  (hillings,  that  then  it  fhall  and  may  be  law- 
ful for  the  taker  up  of  fuch  horfe  or  mare  to  fell  the  fame,  at  publick  vendue,  to  the  higheft  bidder ,-  and 
one  half  of  the  money  arifing  by  fuch  fale  to  take  to  himfelf,  and  the  other  half  he  (hall  deliver  to  the  ow- 
ner of  fuch  horfe  or  mare. 

III.  Andbett  further  enacted,  hy  the  authority  aforefaid.  That  where  the  information  of  the  taking  up  of 
fuch  horfes  or  unfpayed  mares  as  aforefaid,  (hall  happen  to  be  made  to  the  owner  or  owners  within  lefs 
than  ten  days  before  the  time  of  the  fitting  of  the  court  of  the  precind  where  fuch  owner  refides,  in  fuch 
cafe  he  (hall  have  liberty  to  appear  at  the  next  fucceeding  court  after  fuch  court,  to  prove  himfelf  a  freehol- 
der, or  pofTefTed  of,  or  occupying  lands  or  tenements. 

IV.  And  be  it  further  enacted  by  the  authority  aforefaidy  That  no  perfon  or  perfons  whatfoever,  inhabitants  ^°  '*si!'CTi  Isf^ 
of  this  government,  (hallfufFer,  or  let  go  at  large,  any  ftone-horle  or  ftone-horfes  of  two  years  old,  unleis  high/tigo"at 
fuch  horfe  or  horfes  (hall  be,  at  lead,  thirteen  hands  in  height,  upon  penalty  of  forfeiting  fuch  horfe  or  hor-  Iwge' 

fes,  or  the  fum  of  three  pounds,  to  the  taker  up  of  every  fuch  (lone-hoi  fe  ;  provided  tlie  fame  be  found 
running  at  large,  and  not  within  the  confine  of  any  fence,  water,  marfh  or  fwamp. 

V.  And  be  it  further  enacted  by  the  authority  aforejaid.  That  the  taker  up  of  fuch  ftone-horfe  fhall,  within  '^^-''  "P  f* 
ten  days  after  the  taking  up  thereof,  carry  the  tame  horfe,  and  make  oath,  before  fome  Juftice  of  the  Peace,  befZeTjus" 
of  his  taking  up  the  fame  5  which  proof  being  made,  the  Juftice  (hall  caufe  fuch  ftone-horfe  to  be  mea-  'ice,  Sc  make 
fured,  and  upon  finding  him  not  full  thirteen  hands  high  at  two  years  old  as  aforefaid,  the  Juftice  (hall  °^"*» 

give  a  certificate,  from  under  his  hand,  certifying  the  fame  ;  and  thereupon  the  taker  up  of  fuch  horfe  or 
horfes  fo  doing  (hall  keep  the  fame,  until  fuch  owner  (hall  redeem  fuch  horfe  or  horfes,  by  paying  the  fum 
of  three  pounds  aforefnd  to  fuch  taker  up. 

VI.  Provided  neverthelefs,  and  it  is  hereby  required,  That  fuch  taker  up  (hall  fet  Up  advertifements,  defcri-  T°  advertise. 
birigthe  faid  horfe  or  horfes,  with  his  or  their  colour  and  birand,  at  the  precind  court-houfe  door  where  **""' 
fuch.owner  fhall  live  or  refide  ;  and  if  the  owner  of  fuch  horfe  or  horfes  fhall.  within  ten  days  after  fuch 

fiotiee  givenj  tender  to  the  taker  up  thereof,  by  paying  the  fum  of  three  pounds,  or  giving  fecurity  for  the 
payment  thereof,  that  then,  and  in  fuch  cafe,  fuch  owner  (hall  recover  and  redeem  fuch  horfe  or  horfes ; 
otherwifc  the  taker  up  thereof  is  hereby  intitled  to  the  right  and  property  of  fuch  horfe  or  horfes ;  any  law, 
ufage,  or  cuftom  to  the  contrary  notwithftanding. 


32     1723.       VII.  j9ni  he  it  further  enacted  h^  the  authority  a/ore/aiJ,  That  no  part,  claufe  or  any  thing  contained  in 
1^,0'w-*^  this  aft,  (hall  take  place,  or  be  in  force,  till  after  the  firft  day  of  July  next^  after  the  ratification  her^^  3 

Commence-        of. 
roentofthisaSt 

CHAP.  12.     Anactfer  enlarging  and  encouragement  of  the  town  of  the  ifland  of  Roanoke,  novt  called  Catt^-, 
Ante,  p.  23.  ret.    OBS. 

CHAP.  14;.  ^'J  additional  act,  to  ifn  act,  entitled,  Jiaple  (ommoditiet  rated,    obs. 

THE    TITLES   OF   THE    PRIVATE    ACTS. 

13  An  act  for  the  better  settling  the  town  of  Newbern  in  the     }S  An  a£l  for  incorporating  the  sea.port  of  Beaufort,  in  Cart?- 
piecinAof  Cnven*  ret  precinA,  into  a  township  by  the  name  of  Beaiifoit. 

Signed  by  Wdlliam  ReEp,  Efq.  Pre/idenf, 

T.  PojLLopK,    CpR.  Gale, 
,M.  Moore,  '     Johk  Lovick, 

Lords  Proprietory  Deputies, 


172r.      53 


.       r-  „..,\  Wennial  ASSEMBLY,  held  at  Edenton,  in  Chowan  Precina,  f^^^\Z"^ 
^\h%SiyTCember,  One  Thousand  Seven  Hundre4  and  Twenty-  «»o. 

An  aa  to  encourage  the  tanning  of  leather  in  this  province.  ^1^1*729*8. 

jin  a£i  for  regulating  toms,  and  eUBions  of  Burgeffes.     RP?.  <^hap.  2. 

An  aB  to  regulate  trade  in  Bath  cotfnty.     REP.  ^"^p- 

^n  aSlfot  encouraging  and  facilitating  navigation  in  this  province.  REP.  chap.  4. 

4n  oB  to  encourage  defroftng  oj  Vermin,     exp. 

,      r     •  .  .L  .      „  ,-F*h^  -r,^^AnFl  rourts,  and  to  prevent  aBions  end  indiBments  of  chap.  6. 
J,  ^f,r  ,^.r,.n  ani  ^'f^/^;  t^f^i.  ZllL'  EXP. 

An aS',,r „g*»g  /^ ^. ^'or  appom,i„g  mditoem  jur^en,  »d  to  «pe,l  U>a.  part  .hereof  as rela.«  cH»r    8.  ^^ 

1    ^        *  '  jQ  precina  courts. 

THE  TITLES   OF    THE  PRIVATE  ACTS. 

,T,     •         ■  A,x.  niiri^h •  and  to  appoint  commissioners  in  every  parish  in 

•r  An  aa  to  appoint  the  north- vest  part  of  Bettie  precina  a^s-  Ss  ^oVernment,  to  call  the  churchwardens  and  vestry  to 

..ina  par,sh,  by  ^he  name  of  the  north-west  P^'^h  °f  Ber-  fc'cimfOTThe  parish  money  by  them  received.     ' 

tie  precina,  and  for  appointing  vestrymen  for  the  said  acconni  lor  luc  i- 

^igoed  by  Sir  RICHARD  EVER ARD,  Governor. 

Chr.  Gale,  J.  Lovick, 

Edmukd  Gale,  Ed.  Moseley, 
Rich.  Samderson,  RoBT.  West, 
T.  Pollock,  Thomas  Harvet, 

Lords  Proprietors  Deputies.  » 

Johi^-Baptista  Ashe,  Speaker> 
Vol.  I.  '^ 


31-      1729. 


li.a'.Tr"  At  a   General   ASS  t:MBLr,  held  at   Edenton,  in   Chowan  PTecma'  the 
Bare.  Govern-        Twciity-se vcnth  day  of  November,  in  the  year  of  our   Lord  One  Tiiou^' 
sand  Seven  Hundred  and  Twpnt^7_r.ir,o 


sand  Seven  Hundred  and  Twenty-nine 


CHAP.    I. 
CHAP.    3. 


An  aafor  the  making  and  emitting  the  fum  of  forty  ihvufand  pounds,  public  bills  ofcrediLofNorth^Carolina.     obs. 

An  aa  to  make  Hyde  precinct  fepaf ate  from-  Beaufort  precinct,  ^ith  ponmr  of  ending,  a  Coutt-houfei  and  held-. 

ing  courts. 

W^^for^.?'^^K^^f'f''?u^.^^'^?'T°   "'"'";*  '°  Beaufort  precina,  is  found  very  inconvenient 
TI     «    I  1     ;."^^^"^"'J  of  HyJ«  Precma  to  travel  to  Bath  town,    where  the  courts  are  now  held 

"r^KVu.  ./L±/ tS^S'^f '/"  ^^f ^7 

for-  ^.  ^aroiina,   by  and  with  the  advice  and  confent  of  the  Members  of  thii  General  Bienninl  ^-fc^A/-     -.  *    * 

Ldentonfor  the  North-eaJ  part  of  the/JproLce,  and  it  is  hLy  e^l^^elbytleZ^^^^^  ^ 

for  the  future,  Hyde  precmft  (hdll  be  feparate,  in-aU  refpeds,  from  Beaufort  precinftf^^^th  pT;er  of 
hawng  a  court  and  court-houfe  erefted  in  the  faid  prechadV  and  other  powers  and  Se  JsTo  TZllnl 
be lonpng  ;  and  that  the  jufticeS  to  be  appointed  for  the  faid  preci.dt,  ihall  be,  and  are  hereby  i,  veftS 
with  full  power  to  purchafe  ground  for  ereding  the  faid  Court-houfe    in  the  fame  manner  as^vlaw  in 

for  .K  'k'k'''''^^.P':°'^;''?  ''  ^"'^ '°  "^^  ^""^^  '^''  '^'  ^'^'  "^^y  be  built  in  the  moftconvenient  pTace 
for  the  inhabitants  Jf  the  faid  pf.cina,  the  Juftices  thereof  are  h.Jeby  direfted  to  caufe  the  faid  Court- 
houfe  to  be  erefted  at  or  near  William  Webfter's  plantation  j  and  alfo.  to  caufe  a  pSax  n^  excee^^^ 
ing  ten  fhihngs  per  poll  to  be  levied,  in  fuch  manner  as  by  law  is  already  provided  in  fuchcaS  for 
defraying  the  charges  of  buying  tha  fkid  land,  and  buiMIng  a  Cotirt-houfe. 

R^n^'L*:^,-    ^'^''^''^^^^'^'^^^^^'^'^'•^2/'^f^'«^'':/-f««'>  lyingonthe.  South  fide  of  Albemarle  Sound,  and  Morattuc%  ri^' 
S;^on!Ct-  ITTTHEREAsih  f    "/^r  fl^'^''^.^^^^^^  '"  ^  :'^-"-'>  h  the  name  of  Tyrrell  precinct. 
enaaed.  1756,     VV/        .!     t     •         P^^t  of  Albemarle  county,  lying  on  tlie  South  fide  of  Albemarle  Sound,   and  Mo- 
'•  n-JnY     P""f  "^^''   ^s  high  as  the  Haln-bow  banks,  includes  part  of  the   feveral  precintls  hereafter 

named,  VIZ.  Chowan.    Pafquotank,    Bertie,  and  Currituck;    and  whereas  the  great  width  of  the  fafd 
Ihei;  h'hV  '  °  t\e  great  dillance  from  the  feveral  preciad-  courts,  renders-it  llmoft  impradicab  e  for 
T.rreii  n«cin«  '^  y;"^'^''^"^/  °f  'h°^«  P^'^ta  to  attend  their  courts  as  aforefaid  :  ^ 

er^aed.'  ""*  "•  ^.yfo-^^'  i^l'^i^njicted-oyhi^  E,^cellency  the  Palatine,  and  the  rejl  of  the  true  and  abFolute  Lords  Pro: 
pnetors  ofLarohna,  by  and  with  the  advice  and  consent  of  the  refof  the  Members  ofthisprefent  General  A/Tern^ 
rsiU"7Z  "'  ^f""'"-P''[he  North-eajl  part  of  he  faid  province,  and  by  the  authority  of  the  fame.  That  that 
part  of  Albemarle  county  lymg  on  the  fouth  fide  of  Albemarle  found,  and  Morattuck  river,  being  part 
of  the  feveral  precmdls before  mentioned,  bounded  to  the  weftward  by  Thomas  Hoflcins's  upper  line.' 
begmnmg  at  his  upper  corner  tree,  on   Rain-bow  banks,  oa  Morattuck  river,   and  by  a  line  running 

britl"'"  "'K7''''T"'?^n°'^^  ^""'^^^'^  ^y  '^'''  ^"""'^^  of  Albemarle  county. 'to  the- eailward 
Sorl  r-'  '^^'••^^^"R°^"okeifland,  and  Croatan,  and  to  the  northward  by  Albemarle  found,  and 
Morattuck  river,  as  h,gh  as  the  Rambo^-banks,  in  Morattuck  ri.er,,  (hall  be/ and  the  fame  is  hereby 

T.  aZ^    ]     ^     '  privileges,  and  other  benefit*  and  advantages  whatfoever,  which  any  other  precindt 
^^    ,  "»  Albemarle  county  can  or  may  have,  ufe,  or  enjoy. 

nrllLnli  n  V"'''^Z  "^f  "^  ^^  '^\  """""''^^  "f"'"^''^^  '^^^^  '^«  *='«'^'°"  ^°^  reprefentatives  for  the  faid 
bu!lTn^\t  f  7"^'  ,  ''  thexourt-houfe  for  the  faid  precinft,  or  fuch  places  as  Ihall  be  appointed  for  the 
DuiMing  the  I  Ji'.i  court-houfe  therein. 

A  ,.      o,       •    ^^  -f  "w  "^^t""'-^^  """  ^*^»  entituled,  An  aa  for  fettling  the  precinct  courts  and  court-houfes,  it  is  there- 

rSf:   "'  ™'''"''  '^'  ^^'"^  ''^"^^  ^'  ^^x.)id^A,  tu  M'hich  to  build  Court-houfes  in  the  foveni, 


V    Be  it  emaed  h  the  authority  aforesaiJ,  That  the /afticea  to  be  appointed  for  the  falJ  precina  of    1729.      ^5 
^"Tvirell   (hall  obferve  the  fame  method  prefcribed  by  the  fald  aa,   and  fliall  caufe  the  court-houfe  for  v-,.or^ 
the  faid  precinft  to  be  built  on  the  land  of  William  Downing,  or  that  of  William  Fraley,  on  Kendrick's 
creek,   as  near  as  may  be  to  tlie  bridge  now  called  Fraley's  bridge. 

■VI    ami  VII.  ^Relate  only  to  the  Injiiiution  of  a  new  parijh,  and  therefore  not  tnprted.l^ 

Vlil    Provided  neverthelefs,  That  it  is  not  hereby  intended,  that  the  faid  precin^  fliall  fend  more  thin  Qj^^y^^^ 
twoBurgefTes  at  prefent,  to  fit  in  General  Aflembly,    without  it  {hall  appear  that  there  is  three  hundred 
Tvthables  in  the  faid  precinft  ;  and  In  fuch  cafe,   it  fliall  and  may  fend  three  BurgclTes ;    and  fo  as  it  flnll 
ihcreafe  in  number  of  Tythables,  it  fhall  fend  one  Burgefs  for  every  hundred  more,  fo  as  not  to  exceed  five 
teprefentiitives  in  the  whole. 

An  additional  aa  to  an  aftjorappointittg  Toll-books,  and  for  preventing  people  from  driving  horfeSy  cattle,  or  CHAP.  5. 

hogs,  to  other  perfons'  lands.  See  page  io, 

l-XTHEREAS  in  and  by  the  faid  aft,  the  remedy  appointed  for  recovering  the  penalty  of  twenty 
VV  pounds  for  the  inhabitants  of  any  other  Government's  cattle,  horfes,  or  hogs,  ranging  on  peo- 
ple's land  in  this  Government,  is  by  diflrefs  to  be  made  by  the  Toll-keeper  or  Ranger,  but  no  method 
appointed  for  difpofin^  fuch  diftrefs  or  proceedings  thereon  : 
^  II  Be  it  therefore  enaBed,  by  his  Excellency  the  Palatine,  ind  the  njl  of  the  true  and  abfolute  Lords  Proprietors  ^^"^^^^^  "^ 
ef  Carolina,  by  and  'with  the  advice  amlcdnfent  of -the  reft  of  the  numbers  of  this  General  Affembly  rto-w  met  at  ^^^[^^ 
Edenton,  for  the  North  Eafipatt  of  the  faid  province ,  and  it  is  hereby  enacted,  by  the  authority  of  the  fame.  That 
when  fuch  diflrefs  is  made,, or  which  may  hereafter- be  made,  by  the  owner  of  the  land,  as  well  as  the  of- 
ficers aforefaid,  the  ftock  fo  diftrained  fliall  be  kept  four  days,  unlefs  fooner  redeemed' or  replevied  by  the 
owner,  who  on  paying,  the  p':'nalty,  and  the  reafonable  charges,  fliall  have  them  at  any  time  with- 
in four  days  after  feifure  -,  otherwife,.afteT  the  expiration  of  the  faid  four  days,  they  fti^lfbe  appralfed  by 
three  indifferent  freeholders;  to  be  appointed  and  fworn  by  fome  Magiltrate,  and  the  property  fliall  b? 
immediately  vefted  in  the  perfon  or  perfons  feifing  the  fame,  he  or  they  returning  the  faid'appraifment  to 
the  Clerk  of  the  precma  court,  with  an  exad  account  of  the  marks  or  brands  of  fuch  horfes,  cattle,  or 
hogs,  which  fliall  be  fet  up  at  the  court-houfe  the  next  court ;  and  any  perfon  proving  the  right  to  fuch 
cattle,  horfes,  or  hogs,  at  any  of  the  four  nextcouitsin  the  faid  precinds,  after  fuch  return  of  that  ap- 
praifment,  having  given  the  difl:rainer  notice,  fliall  have  an  order  or  judgment-of  the  faid  court  for  the 
overplus^  according  to  the  appralfment,  the  penalty  and  charges  i2eduded. 

Ill:  And  be  it  further  enacted  by  the  authority  afortlaid,  That  the  penalty  of  ten  pounds  in  tlie  faid  a£k  for  Penalty  how 
appointing  Toll-books,  may  be  recovered  by  difl:T«f8  in  like  manner,  provided  that  no  Guardian  or  ex-  cuaXn'&c 
ecutor  fliall  be  excluded  by  the  faid  ad  from  bringing  any  flock,  utider  their  care,  on  their  land.  ^^^  exdaded,* 

lY,  And  be  if  further  enaBed  by  the  authority  aforefaidtThdt  the  ^ock  of  any  inhabitant  of  another   Go- &c. 
vernment  being  found  on  people's  land  m  this  Government,  contrary  to  the  faid  a£l    fhall  be  deemed  to  Foreigners' 
be  driven  thither  by  the  owners,  unlefs  it  can  be  proved  they  ftrayed  by  fome  unavoidable  accident,  and  stcckpvesumeJ 
were  purfued,  and  havfe  not  ranged  above  four  days,  provided  fuch  diltref&  be  made  four  miles  to  the  '°  ^^  '^"^^"• 
fouthward  of  the  line  betwixt  this  Government,  and  Virginia. 

V.  And  be  it  further  enacted,  by  the  authority  ajforefaid.  That  no  perfon  within  this  Government,  fliall  pre-  None  to  drive, 
fume  to  hunt,  drive,  or  kill  any  flock,  deer  or  game,  on  any  perfon's  land  within  this  government,  except >un'or^^ilJ  any 
neighbours  whofe  lands  are  very  near  adjacent,,-  without  kave  firft;had  and  obbined  from  the  owner  of  ga,^e,  on  others 
the  faid  land  vvhereon  he  or  they  fhall  be  found  ranging  or  hunting,  contrary  to  this  a£l:,  under  the  penal-  lands! 

t-yof  five  pounds  for  each  and  everr  time  he  or  they  fhall  be  found  ranging  ;  the  one  half  to  the  owner 

of  the  land,  the  other  half  to  the  informer  .-  To  be  recovered  by  a  warrant  from  two  Juftices,  vvhereof 

one  to  be  of  the  q^uorum  ;.  which  faid  Juftices  are  hereby  impowered  finaUy  to  hear  and  determine  the  Penalty. 

fame 

VI.  And  be  it  further  enacted  by  the  authority  aforefaid.  That  no  ranger  or  other  perfon,  on  any  pretence,.  Ranjer  not  ta 
fliall  range  or  hunt,  kill  or  take  up,  any  unmarked  cattle,  horfes,  or  hogs,    on  any  other  perfons'  lands,  |^^,'i!'gP/^''au,^^ 
without  leave  of  the  owner  of  fuch  land  or  lands  ;  any  law,  ufage,  or  cullom,  to  the  contrary,  notwith- j^c.  wihout 
ftandiiig  :  But  that  every  perfon  fliall  have  free  liberty  to  take  up  and  Ull  all  fuch  unmarked  cattle,  hogs,  leave- 

and  horfes,  as  he  fhall  find  running  on  his  own  land,  and  the  fame  to  convert  to  his  own  ufe,  unlefs  the  ownerof  the 
property  thereof  be  proved  within  three  months,  by  any  perfon  claiming  the  fame  ;■  who,  paying  for  the  land  m»>  keep- 
laking  up,  fliall  have  the  faid  beaft,  or  its  va-ue,  as  it  is  in  the  law  direded  for  rangers.  ''• 


36  1729.  Vll.  Andwliereas  great  damages  are  frequently  done,  bv  rtaves  being  permitted  to  hunter  rang^ 
*„»<«-»->»>  with  doijs  or  guns  :  Tor  prevention  whereof,  Be  it  enacted  by  the  authority  aforesaid.  That  it  (hall  not  be 
Maves  not  to  lawful  for  any  flave,  on  any  pretence  whatfoever,  to  go,  range,  or  hunt  on  ^ny  perfon's  land  other  than 
huiit  bit  on^  j^jg  maf^ers,  with  dog  or  gun,  or  any  weapo;v,  unlefs  there  be  a  white  man  in  his  company  ;  under  the 
h^d,  nor  travel  penalty  of  twenty  fnillings,  to  be  paid  by  his  mafter,  for  every  ofFence,  unto  the  myner  of  the  land  where 
withput  keep,  on  fuch  flave  fhall  range  or  hunt ;  and  that  no  flave  fhall  travel  from  his  mailer's  land  by  himfelf  to  any . 
ing  the  mam  other  place,  unlefs  he  (hall  keep  the  mofl;  ufual  and  accuftomed  road  :  and  if  any  flave  (hall  offend  con- 
trary hereto,  it  ftiallbe  lawful  for  the  owner  of  the  l»nd  whereon  any  flave  {hall  be  found,  to  give  him  a 
s^nrfbunJwfih  ^^^'^^^  whipping,  not  exceeding  forty  lalhes  :  And  if  any  loofe,  diforderly,  or  fufpe£l:ed  perfcn,  be  found 
slavis,  &c.  to  drinking,  eating,  or  keeping  company  with  flaves  in  the  night  time,  fuch  perfon  (ball  be  apprehended 
Le  whippi'd.      and  carried  before  a  Jullice  of  the  Peace  ;  and  if  he  cannot  give  a  good  and  fatisfa£lory  account  of  his 

behaviour,  fi^ch  perfon  ihall  be  whipped,  at  the  difcretioa  of  the  Juftice,  not  exceeding  forty  laflies. 
Negroes  travel-  VIII.  And  for  the  better  fuppreffing  of  negroes  travelling  and  aflTociating  themfelyes  together  in  great 
rr^nt"o?fouiid  nun^bers,  to  the  terror  and  damage  of  the  white  people.  Be  it  enacted  by  the  authority  afcrefaid^  That  if 
in  k  tchens,  t«L,  any  negro  or  negroes  (hail  prefume  to  travel  in  the  night,  or  be  found  in  the  quarters  or  kitchens  among 
be  whipped,  other  perfons'  negroes,  fuch  negroes  fo  found  fhall  receive  correftion,  not  exceeding  forty  lafhes,  as  afore- 
faid  ;  and  fuch  negroes  in  whofe  company  they  (hall  be  found,  fhall  receive  correftion,  not  exceeding 
twenty  lafhes.  . 

Proviso.  IX.    Provided  always,  That  nothing  in  this  a<9t  fhall  be  conflrued  to  preveijt  any  perfon  from  fend- 

See  subsequent  ing  his  flaves  on  his  lawful  bufinefs,  with  a  pafs,   in  writing  ;    nor  to  hinder  neighbours'  negroes  intet^  • 
s'^an'ts^nd"^  marrying  together,  fo  that  licenfe  being  firft  had  and  obtained  of  their  feveral  matters. 
slaves. 

CHAP.  6.       Jfn  act  for  the  more  effectual  and fpeedy  putting  in  execution  t^e  act  for  fettling  the  title  and  hounds  of  peoples 
Ante,  p.  29.  lands. 

'HEREAS  the  faida£t  for  the  proceflTioning  peoples  land?,  although  very  neceflary  for  the  afcer-, 
taining  peoples  bounds,  and  preventing  difputes  hereafter,  hath  not  been  duly  and  effectually  put 
in 'execution  :  wherefore,  that  the  faid  law  may,  for  the  future  be  better  obferved  ; 
FreehcUcrs  to  II.  Be  it  (naclcdby  his  excellency  the  Palatine,  and  the  rejl  oj  the  true  and  akfolute  Lords  Proprietors  of  Carolt- 
onw^h'  "'  "^'  '"^'  ^  and  tuiih  the  advice  andconfcnt  of  the  ref  of  the  members  of  the  General  Affemhly,  now  met  at  Ederton,for 
alty  Li  5°"^^''"'  the  Hovth-eafl  part  of  the  faid  province,  and  it  is  hereby  enaBed,  by  the  authority  of  the  fame.  *And  the  free- 
•  Ttefrstand  holders  fo  appointed,  on  notice  given  them,  fhall  forthwith  (being  firft  fworn  to  aft  juilly  and  impartially/' 
I -St  pan  ,f,bh  tjo  xho  beft  of  their  knowledge,)  propelTion  people's  land,  as  in  and  by  the  faid  zSt  is  already  provided; 

teclH  n  repattd,  ,         ,  ,         ^  r  jl  -  ■  ■• 

Vol.  II.  p.  27.    """^i"  the  penalty  of  five  pounds  each. 

vvhei-e  bcuiids       III.  j4nd  be  ii further  enaBed by  the  authority  aforcfaid.  That  wher^  the  bounds  cannot  be  fully  afcertain- 
are  not  known,  gd  by  fuch  freeholders  appointed,  they  fliall  make  return  thereof  accordingly  that  in  fuch  cafes  the  fur- 
th"Jm  out.*°  ""*  ^^yox  may  be  ordered  to  run  the  bgunds  at  the  charge  of  both  parties  in  the  fame  manner  as  is  before  in 
the  faid  aft  provided  to  be  doAe,  where  .o^e  party  utterly  rcfufes  to  have  his  lands  proceflioned. 

CHAP.  8.       An  aSf  tc  repeal  the  alf,  eniituled,  An  aft  for  encouragement  of  tanning  leather  in  this^  province.     cBS, 

CHAP.  9.  yj„  additional  aB  to  the  aB,  For  the  trijd  of  fmaJl  and  mean  caufes. 

Kep.  1,   1741,  15. 

CHAP.  10.     jin  oBfor  regulating  veflries  in  this  Government,  and  for  the  better  infpeBing  the  vefirymenand  Churchnvardetii^ 
Rep.  1,1741,  accompts  of  each  and  every  parijh  in  this  government,  ' 

23,  except  that  part  which  erefls  Nevr-Hnnovct  into  a  precindl.  1734,  8.  < 


w 


PTHE  TITLES   OF  THE  PRIVATE  ACTS.  1729.     Sir 

2  An  aft  for  il^e  more  ^uiet  settling  the  bopnds  of  the  I^ehsmn    .7  An.  aft  to  confirm  Bath  town  common. 
Indians'  lands. 

/Signed  by  Sir  RICHARD  EVERARD,  Governor. 

Chr.  Gale,  J.  Lovick, 

Edmond  Gale,       Ed.  Moselet, 
Rich.  Sanderson,  Robert  West, 
T.  Pollock,  John  Paulin, 

J.   WORLEY, 

Lords  Proprieters  Deputies*.. 
Thomas  Swann,  Speaker. 


Ov^OL.  ^.  ^ 


S8      173*. 


fo^HmTON      -^^  ^  General  ASSEMBLY,  held  at  Edentori,  in  Chowan  Freeing,  in  the? 
Esq^clveraor.  year  of  our  Lord  One  Thousand  Seven  Hundred  and  Thirty-four. 


CtlAP.  I.  j^fj  aBforJlamping  and  exchanging  the  prefent  biUi  of  currertcy  of  this  provinccy  and  far  the  better  explaining  an 
act  of  the  General  Ajfembly,  paffedthe  tiventyfeventh  day  of  November,  one  thoufandfeven  hundred  and  t-wenty-* 
nine,  entituled.  An  ziX  for  making  and  emitting  the  fum  of  forty  thoufand  pounds>  public  bills  of  cre- 
dit of  North- Carolina.     oBs. 

CHAP.  2.       An  act  for  repealing  a  claufe  in  an  acty  entituled^  An  a£l   relating  to  biennial  aiid  other  Affemblies,  which 
Bep.  1743, 1.        impowers  freemen  of  the  feveral  precinfls  to  vote  for  members  of  Aflembly,  and  declaring  what  per- 

fons  fnall  be  qualified  to  vote  for  members  to  fit  in  General  Aflembly,  and  alfo  qualification  of  mem^ 

bers  for  the  future. 

CHAP,  3.       ^u  act  for  reviving  an  act,  entituled.  An  additional  a£t  to  the  aft,  for  trial  of  fmall  and  mean  caufes. 

Hep.    1,    1741,  15. 

CHAP.  4.       ^n  aSIJor  laying  a  duly  on  liquers,  for  and  towards  defraying  the  contingent  charges  of  the  Govern- 
ment ;  and  to  make  a  poll-tax  on  the  poorer  inhabitants  more  e*fy,     EiP. 

CHA7.  5.       ^n  aS  to  a/certain  the  allowance  of  his  Majtfty's  council,  and  the  members  of  the  Afftrnbiy  of  this 

province,     exp. 

CHAP,  6.  An  additional aB  t9  the  a£l,  concerning  roads  andferries. 

Rep.  1756,  11,  Ante,  p   17. 

CHAP.  7.  An,  aB  for  laying  out,  making,  altering,  and  keeping  in  repair,  the  fevtral  roads  and  higtiwaifS 
without  the  feveral  precinBs  of  the  county  of  Bath,  and  /or  building  bridges,  and  cleanfing  and 
keeping  clan  the  Jtvtral  rivers  and  creeks  within  the  fame,     Vi'sx\ 

CHAP.  8.       An  aB  to  confirm  and  ejlablijh  the  precinBs  of  Onflow  and  Bkden,  and  for  appointing  them  di/tinSi 

KepeaUd  by  parifhes. 

bur«"nSed    TT  THERE  AS  by  an  aft,  entituled,  An  act  for  regulating  Veflries  in  this  Government,  and  for  the  better 
Rep,  1756, 9,      W    inspecting  Vefirymen  and  Churchwardens'  accompts  of  each  and  every  parifb  in  this  Government,  it  ia^ 
enafted,   that  the  fouthern  part  of  this  province  fhall  be  ere£led  into  a  precinft,  by  the  name  of  New- 
Hanover  precincl,  and  bounded  to  the  northward  by  the  Haul-over  and  Little  Inlet,  and  to  the  fouthw 
ward  by  the  fouthernmoft  bounds  of  the  province ;   and  as  the  precinfl  of  New-Hanover  is  now  become 
very  populous,  and  the  extent  thereof  being  found  too  incommodious  to  many  of  the  inhabitants  thereof^ 
particularly  thofe  of  New-River,  and  the  upper  part  of  the  Northweft  river  :■ 
Onslow  erefi-       H.  We  therefore  pray  that  it  may  be  enafifced,  And  be  it  enaSitd  by  bis, excellency  Qabriel  Jthnjiori,  Efquisse, 
*  ■  Governor,  by  and  with  the  advice  and  confentofhis  Majeftfs  Council,. and  General  Affembly  of  this  province f 

and  it  is  hereby  enaBed  by  the  authority  of  the  fame.  That  a  precinft  be  erefted  at  New-river,  by  the  name  of 
Onflow  precina  ;  and  that  the  faid  precin£t  be  bounded  to  the  northward  by  Whiteoak  river,  from  the 
mouth  to  the  head  thereof;  and  to  the  fouthward,  by  a  creek  thaC  conies  out  of  the  foui\slj  s^nd  CQtt^es 
acrofs  New-river  road,  called  the  Bay-fwamp,  or  Beafley's  creek- 
Boundaries,  III,  And  be  it  further  enacted,  by  the  authority  aforefaid.  That  the  upper  part  of  the  Northw;eft  river  be  eredl-' 

ed  into  a  precin^,  by  the  name  of  Bladen  precindl ;  and  that  the  faid  precinft  be  bounded  to  the  fouth- 
ward as  follows,  viz.  Beginning  at  the  mouth  of  Livingfton's  creek,  and  bounded  by  the  faid  creek  to 
the  head  thereof;  and  then,  by  a  weft  line,  to  the  boundg.  of  the  Gavemna^ut ;  and  that  the  faid  precinft 


be  bounded  to  the  northwaid  by  Black. river,  as  follows,  viz.  Beginning  at  the  mouth  of  the  faid  river,  I'T'S*.  3d 
and  bounded  by  the  main  river  up  to  the  fork,  and  that  then  the  wefternmoft  branch  be  tlie  bounds  to  wy>J  ^ 
the  head  thereof.  -    .   - 

Y^ .\C.onlhtvting  a  por^Jh  ;  therefore  not  inffrtfd.'^ 

*yi.  Ani  be  itfyrther  enacted  hy  the  authority  aforefaidy  That  eacjh  qf  the  ^bpye  fai^  orecinas  are  hereby  •  In  the  editi- 
jnvefted  with  the  fame  powers  and  privileges  as  any  other  of  the  fouthern  precinils  have  and  enjoy.  <"»  of  Mr. 

VIL  yind  ^'  it  further  enacted  by  the  authority  afordaid,  That  the  Juftic^s  of  the  aforefaid  precindls  fliall  m°"s^^  ^"^ 
have  full  power  and  authority  to  appoint  a  place  for  a  church,  court-houfe,  and  prifon ;   and  to  tax  all  cither  the's^b  5' 
taxable  perfons  in  the  faid  precinfts,  for  railing  a  fym  of  money  fufficient  to  defray  the  charges  of  the  hath  been  o- 
above  public  buildings,  purfuant  to  an  aft,  intituled,  An  act  for  fettling  precinSfs  andprecinSl  court-bouses.      "'"*<^'  <>"he  4 

VIII.  And  whereas  there  hath  been  feveral  courts  held  in  the  precinft  of  Onflow,   by  a  commiffion  ISmmberS" 
ffpra  the  late  Governor,  Qeorge  Burrington,  Efq.  therefore.  Be  if  enacted  by  the  authtriiy  aforesaid.  That 

all  proceedings  of  that  court,  {facing  the  right  of  appeal)  are  hereby  declared  good  and  valid. 

IX.  {^Rtlattng  to  parifhes  only  i  therefore  not  infer te4.'^ 

Jn  aH fir  granting  to  his  Majejyy  ihffu^tf fwrteenthoujani  me  hundred  anii  fifty  pounds  three Jbillings  ai^dfwo  ruxp   9 
pencej  for  thefervice  of  the  public  of  this  province^  and  far  laying  a  tax  on  the  inhabitanft  of  the  fame  for  the  ■ - 

payment  thereof  %  andforfiampin^thefum  of  ten  thouf ani  pounds ^  hills  oj  credit,  for  the  more  immediate  dif* 
charge  of  part  thereof    0B9t  ■  ■•    ■      J . 

Signed  by  GABRIEL  JOJIl^STON,  Ef^.  Gs^erttori 
WxLLiAM  Smith,  President. 

William  Dowjjingi  Speakm 


40      17S8. 


Gabriel 

joHKSTON.     ^t  a  General  ASSEMBY,  held  at  Newbern,  the  Sixth  day  of  March,  in  the 
fcs,.   overnor.        ^^^^  ^^  ^^^  Lord  One  Thousand  Seven  Hundred  and  Thirty-eight. 


CHAP.  1.  An  aBfor  providing  his  MajeJ}y  a  rent-roily  for fecuring  his  Majeftp  rentSy  for  the  remiffion  of  arrears  ofquitn 
Kepealed  by  his  rents,  and  for  quieting  the  inhabitants  in  fheir  pojfe/ftons }  and  for  tbf  better  settlement  of  his  Majejly's  pro- 
Maj.sty'sor-         ^ince  of  North Xarolina.  ^  •      '    '      '  '         -,  -  . 

der,  in  council.  •' 

CHAP.  2.        An  aSl  to  prevent  the  concealment  oftithahles  in  the  several  counties  within  this  proyinceyfor  declaring  what  per- 
Rep  If 43  2.        fonsfhall  be  deemed  tithables,  and  for  defraying  thefianding  and  contingent  charges  ofGovemmenty  and  appoint- 
ing public  treajurers for  this  province y  and  for  granting  to  his  Majesty  a  poll-tax  y  of  Jiyefbillings  per  head,  to 
•be  levied  on  the  ttthable  inhabitants  of  this  province, 

CHAP.  3.  An  aStfor  appointing fheriffj  in  the  room  of  Marfhals  of  (his  province,  for  prefcribing  the  method  of  appointing 

All  of  this  aa  themy  and  for  limiting  the  time  of  their  continuance  in  efftccy  and  direSiing  their  duty  thereiny  and  for  abolish- 

as  to  the  ap-  ^^^  ^^^  ^^^^  ^  provost-martialy  of  this  province ;  and  for  altering  the  names  of  the  precinSls  into  counties. 

MmiTuaBwin  XXII.      A    ND  be  it  further  enacled  by  the  authority  aforefaid,  that  from  and  after  the  twenty-fifth  of 

office,  and  duty  .XJL  day  of  March,  in  the  year  of  our  Lord,  One  thoufand   feven  hundred  and  thirty-nine,  the 

fcf  sheriffs,  re-  ofl^ce  of  provoft-martial  in  this  province  ihall  be  abohftied,  and  totally  ceafe  and  determine,  as  if  fuchof- 

lequett^Uts!*'  ^c^  had  never  been:  and  that  from  and  after  the  ratification  of  this  aft,  the  feveral  precinfts  within  this 

2, 1738, 1.  province  fnall  be  called  counties. 

CHAP.  4.  AnaBfor  faciiitating  the  navigation  of  the  feveral  ports  of  this  provinccy  and  for  buoying  and  beaconing  the  chan- 
Kej).  1.  17  43,  nels  leading  from  Ocacock  itilet,  to  Edenton,  Bath  Town,  and  Newbern,  and  from  Topfail  inlet,  to  Beaufort 
10.  town  and  other  ports,  and  inlets  within  the  faid  province  herein  mentioned ;  and  far  providing  ftfficient  pilots 

for  the  fafe  cand^ti  of  vejjels, 

CHAP.  5.       An  aci  declaring  what  pall  be  deemed  a  fufficient  cultivation  of  lands  already  granted,  on  hereafter  ta  be  ^ranted^ 

Uepeulcd  by  his  ,^v  his  Majijly  J  and  for  afcertaining  the  manner  of  granting  lapfed  lands. 

Majftsty's  order  " 

in  cour.cil. 

CHAP.    6. 

Kep.  2, 1746,2. 

CHAP,  7.       An  aSl  to  appropriate  two  thoufand  pounds,  current  bill  money,  to  ereEi  a  fufficient  Goal,  and  ojficesr  place  for  i 

Jafe  keeping  the  records  of  the  General  court,  and  for  repairing  the  court-houfe  at  Edenton  i  and  J  or  ether  pt 

pofes  therein  mentioned. 

CHAP.   9. 


An  aSi  for  appointing  Circuit  courts,  and  for  enlarging  the  power  of  the  county  courts. 


the 

'ur-, 


CBS. 


An  aSfor  deflroying  %>ermin  within  this  province.     EXP. 

An  act  to  prevent  killing  deer,  at  unfeafonable  times. 
I.   T)  E  it  enaSJed  by  his  Excellency  Gabriel  fohnjlon ,  Efquire,  Governor,  by  and  with  the  advice  and  confent  of  kit 
J|3  Majeflfs  Council,  and  General  AJfepibly  of  this  province,  and  it  is  hereby  enaBed  by  the  authority  of  the  fa  me. 
That  it  ftidll  not  be  lawful  to  kill  or  dsftroy  any  deer,  running  wild  in  the  woods,  or  unfenced  ground,  in 
this  government,  by  gun,  or  any  other  .ways  or  means  whatfoever,  between  the  fifteenth  day  of  February, 
15.  and  July  15,  in  each  year,  and  the  fifteenth  day  of  July  fuccceding,  after  the  ratification  of  this  aft:   and  if  anv  perfon, 
IV-nalty.  not  being  a  fervant  or  flave,  ihall  kill  any  deer  contrary  to  this  aft,   and  be  thereof  lawfully  convi'^ted,  the 

faid  perfon  for  every  deer  fo  killed  or  deilroyed,  {hall  forfeit  and  pay  the  fum  of  five  pounds,  current  mo- 
ney. 


CHAP.    10. 

1745,3. 
1768.  13. 
1.  17S4  33. 
No  deer  killed 
Leiwee.i  Veb 


II.  And  be  it  further  enaBedhy  the  aulharity  aforesaidy  That  if  any  fervapt  or  flave,  by  order  or  com-     1736.    41 
jmand  of  his  or  her  mafter,  miftrefs  or  overfeer,  (hall  kill  or  deftroy  any  deer,  contrary  to  this  a£i,  the  maf-   ^««>->rO 
ter,  miftrefs  or  overfeer,  giving  fuch  order  or  command,  and  beijng  thereof  lawfully  convifted,  for  every  Master  liable 
deer-  fo  killed  <>r-dert'r6y'ed,  as  altjrefaid,  {fialTTorfeit'anc!'  pay  the  ^forefaid  penalty  of  fire  poimdi,'W  if"  the  ^"^  ^^'vants  & 
faid  mafter  miftrefs  or  overfeer,  had  a£tually  committed  the  offence.  ,    ,  ...v....         * 

illL  And  be  it  fvicther  enaBed  ^  the  authority  aforejaidy  That  if  any  fervant  or  fiave  cf  his'  own- atJcord",-  servant  or  slave 
.  wijthout  ja»ny^  order-  or  comraand^  from  hisqr  her  rriaftei'^  n^iftre.fs  pji;  overfeer,  ^fhall  ■  kill,-  -deftroy  or  buy  any  killing  deer, 
.deer,  contrary  to  this  aft,  and  be  thereof  convidled,  by  the  oath  of  one  credible  witnefs,  before  a  Juftice  how  punished, 
of  the  Peace  of  the  county  wherein  the  offence  is  committed,  for  every  deer  fo  killed  or  deftroyed  as  afore- 
faid,  the  faid  fervant  or  flave  {hall  have  and  receive,  on 'Ills  or  Tier  bare  back,  thirty  lafties,  v/ell  laid  on,  to 
be  infli6led  by  order  of  the  faid  Juftice  before  whom  the  faid  conviflion  ftiall  be  ;  unlefs  fome  fufficient 
perfon  will  becbine  bound  to  pay,  for  the  faid  fervant  or  flave,  the  fum  of  five  pounds  current  money,  with- 
in fix  months,  in  lieu  of  the  faid  punifhmenf afdrefaid,  t^' the  Churchwardens  of  thepafifti  where  the' of- 
fence is.  coipmitted-,.  for  the  ufes  directed -fey  tMs  a£l.  ' :    .     ,"  .  ......     ..         ■  i; 

VJ..^  And ie,it. further  enaEled  iy  the  authsrtty  dforefaidy"'''Tivai  bti6  .moiety .oii^the'-forleituresief -this  s£t.   Finds,' 
.{hall  be  to  the  Churchwardens  of  the  parifli  where  fuch  offence  is  committed,  for  the  ufe  of  the  parifh,  and 
,the  Qtl]^E  ^jTifliety.to  the  informer  ;':  to'bisrecoyered,  \vith  ^ofts,  by  a  warrant  from  any  Juftice  of  the  peace 
within  this  government  ;  faving  unto  all  free  people,  the  right  of  appeal  to  the  county  court  where  the  of-  Appeal. 
fence  is  committed  :  ,which  faid  court  is  finally  to  determine  the  fame  ;  wherein  no  effoign,  prote<5lion  or 
.wager  pf  la^,  fhall  be  allowed  or  admitted  of. 

■■',■!,'     r  r.  ■  ■ ;  ■  •    '  ■    ■.  . 

THE   TITLES    OF    THE   PRIVATE   ACTS. 

8  An  a<a  for  the  encouragetnent  and  better  Regulation  of  the  liam  Webster  now  dwelleth,  in  Hyde  county,  on  the  west 

town  of  Edentor.  side  of  Matchapungo  river> 

.11  An  aift  fcr  appointing  a  toxn  on  the  plantation  where  .Wil- 

Sigtied  by  GASftlEL  JOHNSTON,  Esq.  Governor. 
William  Smith,  President. 
William  Downing,  Speaker. 


yofc.  h  U 


42      1758. 


gabmei.       At  a  General  assembly,  held  at  New.bcr%  the  Eighth  day' ^f  March, 
Ess- Governor,      in  thc  ycar  of  our  Lord  One  Thousand  Seven  Hundred  and  Thirty-eight, 


CHAP.  1 .       AnaR  to  supply  the  deftB  of  an  act,  papd  lattfejfion  of  Afftmhly,  entttuledy  An  a£k  for  appointing  Sheriflis 
The  greatest         ni  the  room  of  Marfhals  of  this  province,  for  prefcribing  the  method  of  appointing  them,  and  for  limit-' 
part  of  this  aft       jj^g  ^^  ^.^^^  of  their  continuance  in  office,  and  direfting  their  duty  therein,  and  for  abolishing  the  office 
The'resTrepeal-      of  Pfovoft-Marlhal  of  thls  provJncc  *,  and  for  altering  the  names  of  the  precinfts  into  counties.    »ep. 
ed.  Seepages?. 

Signed  by  GABRIEL  JOHNSTON,  Efq  }  Governor, 

WiLtriM  Smith,  Prejidtta. 

William  Dowmne)  Sptaker. 


1789.      43 


■  »»HI'|»IIII'IIM 


^t  a  General  ASSEMBLY,   held  at  Newbern,  the  Twenty-fifth  day,  ofcj^mti. 
February,  in  the  year  of  our  Lord  One  Thousand  Seven  Hundred  and  E°sq.Govanor. 
Thirty-nine, 

ffn  a8  appointing  a  Tredfurerjor  the ftveral  counties  herein  mentioned,  inthf  room  oJJf^illiant  Dtun-  CHAP.  I,' 

in^,  Efq'\  decedjtd.     obs. 

in  act  to  afcertAxn  the  allowance  of  his  Majejiy's  council,  and  the  members  of  jtff'embly,  of  this  province;  CHAP;  2. 
And  fsr  payment  of  all  claims;  and  to  prevent  letting  out  anymore  ej  the  loan   money  en  In* 
Mrest.    EXP. 

Anactpreferibing  the  manner  of  proving  book  debts,     rep,  CHAP.  S. 

Rep.  I?fi6,  4i 
THE   TITLES    OF   THE   PRIVATE    ACTS; 

i  An  aA  for  eiieAing  the  village  called  Newton,  in  Kew-Hano-.  Wilniingtoa;  and  regulating  and ascettainiog the  bonndl 

vw  county^  into  a  town  atid  township,  by  the  name  of  thereof. 

Signed  by  GABRIEL  JOHNSTON,  U<{\  Grjtrmr. 
William  Smith,  Prefidenf^ 
John  Hosgsom,  Speaker. 


44      1740. 


^o^^tI^,    At  a  General  ASSEMBLY,  .held  at  Edent<Mi,  th^  Twenty^^rstday  A.ugps 
'^,<^y«r«o^     in  the  yearof  pur  Lord  One  Thousand  Seven  K[uii<i5^etl  ,*P^  i>rty« 


CHAP.  5.       ^    jitt  a8  to  ejiahlijh  and  confirm  John  Hodgfotty  Esq.  treafureraf  the  counties  herein  after  mentioned.     OBs- 


'tdyki^ul ' Clerks y  faryhe  fevffdl  county  (oujrts  imthinthis  proiAnce, 
curing  and jafe  keeping  the  records  of  the  fame. 


and  for  the '  better  fe- 


CHAf,  6.»v     An^  t^  appdint  ahk  and'Ji 

Hepealedby^is 
Majesty's  or- 
der, in  cOUiicil.  .  r  '■.-.•  • 

CHAP.  8.:     An  oEi  to  enable  the  fa ffb  of  St.  Andre'v^Sy  in  Tyrrell  count^f  and  the  fouthwe/l  parifij  of  Pafquotanl  county ,  ta 

eleEl  vejlries.     OBS. 


CHAP.  11*     An  aBto  enable  the  commijftonert herein  after  namedy  fo  ku}l4,A,bx*^ge 9ver  hevingstqtit  creek,  hetiveen  Neiv- 

Hanover  and  Bladen  reunites.,     obs. 


CHAP.   12. 

Rep.  by  aa,  3,  1746,  1, 


Att't^  fwthe  htttevregulatingtht  militia  of  this  government. 


CHAP.   13.     An  aSI  for  granting  an  aidto'Ms  Ma^^'y^todefr^ty  the  expehlces,  of  tranfporflne  fhe  ffveral  troops  inlified  in  hif~ 


The  whole  of       Majesty's  fervice  in  this  colony,  and  to  afcerfath  the  method  of  paying  all  taxes  and  levies  in  commodities  ;  atid 


this  aft  either       for  Other purpafef  therein  mentionfdf 


obsolete  or  re- 
pealed. 


THE    TITLES    Of    THE    PRIVATE    ACTS. 


1  An  aft  for  confirming  titles  to  the  town  lands  of  Ecle<\ton,  for 

securing  the  privileges  heretofore  granted  to  the  said 
town,  and  for  further  encouragement  and  better  regula- 
tion thereof. 

2  An  a4i  to  enable  the  commissioners  herein  after  appointed,  to 

ere<a  and  finish  a  church  in  Newbein,  in  Cravtvi  C'.iinty 
and  parish,  in  the  province  aforesaid,  and  for  r-.i  heiier 
regulating  the  said  town;  and  for  other  purposes. therein 
mentioned . 

3  An  aft  to  enable  the  commissioners  herein  after  tpentioned,  to 

.fittish  the  church  already  begun  at  Edenton. 

4  An  aft  for  the  further  and  better  regulation  of  the  town  called 

Wilmington,  in  New-Hanovsr  county  j  and  to  establish 


the  churcli  of  the  parish  of  St.  James,  to  be  built  In  tht 
said  town, 

7  An  afl  for  the  more  efieiJlual  estaHlishinff  a  ferry  fiom  Bath- 
town,  to  Core-point,  andiV^Ti  Core--point  toBath-town  ; 
and  for  preventing  any  other  ferry  within  ten  miles  of 
the  said  rawii  of  Bath,  orCojc-point,  on  the  tame  sides 
of  the  river 

.9  An  aift  to  exempt  the  inhabitants  of  Bath-town  from  working 

*  on  the  public  roads,  and  to  oblige  the  inhubitants  to  clear  ' 

and  keep  the  streets  of  said  town  clenr  and  in  good  culer. 

10  An  afl  to  enable  the  Justices  of  Tyrrell  county,  to  build  a 
ware  house  on  Scopernongs,  for  receiving  of  his  Majes- 
ty's quit-rents. 


Signed  by  GABRIEL  JOHNSTON,  Efq  ;  Gover^r. 
William  Smith,  Prefident. 
John  hodgson,  Speaker. 


174.1.       -K 


ii<anlBai>»<aB»)Ka— — w— «g»^—  iioniiii  i  iin>nn)b 


At  a  General  ASSEMBY,  held  at  Identon  the  Fourth  day  of  April,  in  the  gaeriel^^ 
year  of  our  Lord  One  Thousand  Seven  Hundred  and  Forty-one.  Eq-^'Govera 


An  a3  coitcertiing  marriages,  .      CHAP.   I; 

i,  'JT'OR  preventing  clandefVine  and  unlawful  marriages,  we  pray  that  it  may  te  eftacleil,  And  he  it  en- 
P     aBed  by  his  excellency  Gabriel  Johnflon,   Efq.  Governor,  hy  and  loith  the  advice  and  confent  of  his  M a- 
jefty^s  Council,  and  the  General  Affenibly  of  this  province,    and  it  is  hereby  enabled  by  the  authority  of  the  fame,  "^'M^^^er,  ox 
That  every  clergyman  of  the  church  of  England,  or  for   want  of  fuch,  any   lawful  Magiiirate,   within  J"''"«s,  may 
this  Government,  fhall,  and  they  are  hereby  direiled,  to  join  together  in  the  holy  eftate  of  matrimony,  i]  1778,7. 
fuch  perfons  who  may  lawfully  enter  into  fuch  a  relation,  and  have  complied  with  the  directions  herein 
after  contained. 

II.  And  be  it  further  enaffedby  the  authority  eforefaid.  That  so  Juftice  of  the  peace  of  any  county  in  this  No  Justice  to 
Governmentj  fhalljoin  together  in  marriage,  any  perfons  wholoever  jn  any  parilh  where  a  miniftejr  fhall  roaij-y  when 
refide  and  have  a  cure,  without  permiffion  firft  had  and  obtained  from  fuch  Minifter  under  the  penalty  of  the  parish.  " 
live  pounds  proclamation  money,  to  the  ufe  of  the  minifter. 

in.  And  be  it  further  enaEiedby  the  authority  aforefaid,  That  no  Minifter  or  Minifters,  Juftice  or  Juftices  of  No  tninister  or 
the  peace,  within  any  of  theparifties  of  this  government,  (hall  celebra(e  the  rites  of  matrimony  between  Justice  to  mar- 
any  perfons,  or  join  them  together  as  man  and  wife,  without  licenfe  firft  had  and  obtained  for  that  pur-  ceiKc,  or  pub- 
pofe,  according  to  the  directions  of  this  aft.  or  thrice  publication  of  the  banns,  as  prefcribed  by  the  lication. 
rubrick  in  the  book  of  common-prayer :  And  if  any  Minifter  or  Minifters,  Juftice  or  Juftices  of  the  peace,  1«  ^^^8, 7. 
fhall,  contrary  to  the  (rue  intent  and  meaning  of  this  aft,  celebrate  the  rites  of  matrimoii^'  between  any 
perfons,  or  otherwife  join  them  in  marriage,  he  or  they  fo  offending,  ftiall  forfeit  and  pay  the  fum  of  fif-  ^'"'stM  not  to 
ty  pounds,  proclamation   money ;  to  be  recovered  and  applied  as  herein  after  is  direfted  :  And  if  any  persons  of  ^^ 
minifter  ftiall  go  out  of  this  Qovernment^'and  there,  contrary  ^o^e  true  intent  and  meaning  of  this  aft,  government, 
join  together  in  matrimony  anyperfonor  perfons  belonging  totms  Government,  without  fuch  licence  or  without  h- 
publication  of  banns,  as  is  herein  prefcribed,  every  Minifter  fo  offending*  fhall  incur  the  fame  penalties     "**»°'^  '"''* 
and  forfeitures,  as  if  the  fame  had  been  done  in  this  government. 

IV.  \_Provided  for  by  act,  April,  1778,  Chap.  7.] 

V  And  he  it  further  enaSled  by  the  authority  aforefaid.  That  if  any  minifter,  clerk,  or  reader,  fhall  giant  a  False  certifi. 
falfe  certificate,  he  or  they  fo  offMiding,  fhall  be  liable  to  fuch  punilhment  as  in  cafe  of  forgery  at  com-  cate,  forgery, 
mon  law  ;  and  all  fuch  offences  fhall  be  profecuted,  tried,  and  determined,  in  the  General  court  of  this 
province. 

VI  IProvidedforby  act,  April,  1778,  Chap.  7.] 

VII.  And  he  it  further  enaBed  by  the  authority  aforefaid.  That  if  any  Minifter  or  reader  (hall  wittingly  Minister  or 
publifli,  or  caufe  or  fuffer  to  be  publiftied,  the  banns  of  matrimony  between  any  fervants,  or  between  a  pu^^fj'i^^anns 
free  perfon  and  a  fervant ;  or  if  any  Minifter  or  Juftice  of  the  Peace  ftiall  wittingly  celebrate  the  rites  of  between  ser- 
matrimony  between  any  fuch,  without  a  certificate  from  the  mafter  or  miftrefs  of   every  fuch  fervant,  vants,  without 
that  it  is  done  by  their  confent ;  he  ftiall  forfeit  and  pay  five  pounds,  proclamation  money,  to  the  ufe  of  "^*«''s  '^aye. 
the  Mafter  or  owner  of  fuch  fervant ;  to  be  recovered  by  aftion  of  debt,  bill,  plaint  or  information  :  And  Servant  mairy- 
every  fervant  fo  married,  without  the  confent  of  his  or  her  mafter  or  miftrefs,  ftiall,   for  his  or  her  faid  ing  without 
offence,  ferve  his  ex  her  faid  mafter  or  miftrefs,  their  executors,  adminiftrators,  or  affigns,  one  whole  '®*^*- 

year,  after  the  time  of  fervice  by  indenture  or  cuftom  is  expired. 

VIII.  £3*  IX.  \Relate  to  the  Governor' s  fees,  none  of  "which  are  now  due."] 

X.  And  he  it  further  enaBed  by  the  authority  aforefaid,  That  if  any  minifter  or  Juftice  of  the  peace  of  any  Minister  or  jus. 
county  or  parifti  where  a  clergyman  doth  not  refide,  fiiall  refufe  to  celebrate  the  rites  of  matrimony,  for  nwyior'liw' 
the  fees  herein  fet  down  and  jdlowed,  or  ftjali  demand  or  receive,  for  marrying,  either  by  themfelves,  or  ftjl  fees, 

Vol.  I.  N 


46      17+1. 


by  any  other  perfon  for  them,  any  larger  fees  than  before  mentioned  to  be  allowed  to  the  minifter  or  Juf* 
ti'ce  of  the  Peace,  he  fliall  forfeit  and  pay  for  every  fuch  offence,  thai  is  isfjyy  if  the  marriage  was  to  have 
been  by  licence,  ten  pounds,  or  if  by  banns,  five  pounds,  proclamation  money  ;  one  moiety  of  all  the 
fines  and  forfeitures  in  this  act  before  mentionedj  and  not  particularly  appropriated,  to  be  paid  to  ilie 
churchwardens  of  the  parifh  for  the  time  being,  for  the  ufe  of  the  parifh  where  the  offence  ihall  be  com- 
mitted, the  other  moiety  to  him  or  them  that  will  inform  or  fue  for  the  fame ,-  to  be  recovered,  with 
cofts,  by  a£^ion  of  debt,  biJl,  plaint,  or  information. 

XI.  ^nd  be  ii  further  ena5fed  by  the  authority  afore/aid.  That  if  the  minifter  or  reader  of  any  pariffi  with- 
teader  refusing  in  this  Government,  fhall  refufe  to  publifli  and  certify  the  banns,  for  the  fees  herein  fet  down,  and  al- 
to ijub^sh^  ^  lowed  him  for  the  fame,  he  fhall,  for  every  fuch  offence,  forfeit  and  pay,  to  the  party  grieved,  ten  pounds, 
liiii  fees.  P.n     proclamation  money  ;  to  be  recovered  as  before  mentioned. 

XII.  Provided  always,  That  the  minifter  ferving  the  cure  of  any  parifh,  fhall  have  the  benefit  of  the 
fee  for  marriages  in  the  faid  parifh,  if  he  do  not  negletl  or  refufe  to  do  the  fervice  thereof,  altha'  any 
other  perfon  performed  the  marriage  ceremony. 

XIII.  And  for  prevention  of  that  abominable  mixture  and  fpurious  iflue,  which  hereafter  may  increafe 
in  this  Government,  by  white  men  and  women  infermarrying  with  Indians^  negroes,  muftees,  or  mu- 
lattoes  ;   Be  it  enacted  i>y  the  authority  aforefaidy  T^hM  ii  iny  white  man  or    woman,  being  free,   fhall    in- 

y/h'te  persons  termarry  with  an  Indian,  negro,  muftee,  or  mulatto  mm  or  woman,  or  any  perfon  of  mixt  blood,    to  the 
wtth  ne^?Msf    ^^"'^  Generation,  bond  or  free,  he  fhall,  by  ju  Igment  of  the  county  court,  forfeit  and  pay  the  fum  of 
fifty  pounds,  proclamation  money,   to  the  ufe  of  the  parifh. 

XIV".  And  be  it  further  enacted  by  the  authority  ajorefaid,  That  no  minifter  of  the  Church  of  England,  or 
other  minifter,  or  Juftice  of  the  peace,  or  other  perfon  whatfoever  witiiin  this  Government,  fhall  here- 
after prefume  to  marry  a  white  man  with  an  Indian,  nsgro,  muftee,  oi  mulatto  woman,  or  any  perfon 
of  mixt  blood,  as  aforefaid,  knowing  them  to  be  fo,  upon  pain  of  forfeiting  and  paying,  for  every  fuch 
oifence,  the  fum  of  fifty  pounds,  procla -nation  money  ;    to  be  applied  as  aforefaid, 

XV.  And  be  it  further  enacted  by  the  authority  afore/aid,  That  the  feveral  fines  and  forfeitures  in  this  aiEl, 
Fin^es where  su-  .^j^jch  exceed  the  fum  of  twenty-fix  pounds  thirteen  fhiilings  and  four  pence,  proclamation  money,  fhall 

be  heard,  tried,  and  determined,  in  the  General  court  of  this  province  -,  and  all  under  the  aforefaid  fum, 
fhall  be  heard,  tried  and  determined,. in  the  court  of  the  county  where  the  offence  fhall  be  committed. 

XVI,  And  be  it  further  enacted  by  the  authority  afore/aid,  Tnat  all  and  every  act  and  ads,  and  every  claufe 
and  article  thereof,  heretofore  made,  fo  f^f  as  relates  to- any  matter  or  thing  whatfoever  within  the  pur- 
view ©f  this  ad,  is  and  are  hereby  repealwand  made  void,  to  all'mtents  and  purpofes,  as  if  the  fame  had 
never  been  made. 


Penalty. 


Minister  or 


Minister  of  the 
parisli  to  have 
the  fee,  if  he 
riothnot  refuse, 
though  another 
l.e  employed, 
1766,  9- 


t<c.  to  forfeit 
So}. 

Min'ster  or  jin- 
lice  knowingly 
marrying  vvliite 
persons  ty  ne- 
|:roes,  &c.  to 
forfeit  501 


1766,9. 

Repealing 
clause. 


CHAP.   2. 


CHAP.   3. 


An  aB  to  empower  the  feveral  commifftoners  herein  tiamed,  to  make,  mend,  and  alter  the  feveral  highways,  roaiSf 
and  bridges,  and  to  clear  and  cleanfe  creeks  and  water  courfes  ;  and  alfo  to  cut  fuch  cuts  as  they  fhall  think  con- 
venient,  in  ths  feveral  counties  hereitt  after  named,     exp. 

An  aB  to  give  further  time  for  colleBing  the  aid  granted  to  his  Majefly,  for  fufftence  of  the  forces  raifed  in  thit 
province  :  and  for  the  better  colleBtng  taxes  and  levies,  and  to  dire  d  the  method  of  accounting  for  the  fame f. and 
other  public  monies  herein  mentioned.     OBS. 


CHAP.  4.  ^"  "^^  '"  "'^^^  ""'^  confirm  that  part  of  the  m.iin  rmd  leading  from  Bennetts  creek  bridge,  to  Virginia,  joining  ta 
Not  necessary  M^-  Henry  Baker's,  in  Chowan  county,  altered  for  the  convenie/tcy  of  the  public,  by  the  adjacent  inhabitants,  ta 
to  be  inserted,        be  the  main  and  public  road. 


CHAP,  5. 


County  courts 
J  early  to  ap- 
foint  Consta- 
bles. 


An  aB  to  appoint  Conflables. 

TO  the  end  that  Conftables  may  be  regularly  appointed,  throughout  this  government ; 
II.  We  pray  that  it  may  be  enaded,  and  be  it  enaBed,  by  his  Excellency  Gabriel  Johnflon,  Efq  ;  Go' 
vernor,  by  and  with  the  advice  andconfent  of  his  Myejly's  council,  and  the  General  Affemhly  of  this  provinc  \  and 
it  is  hereby  enaBed  by  the  authority  of  the  fame.  That  the  courts  of  the  feveral  counties  which  now  are,  or  here- 
after fhall  be,  within  this  government,  (hall,  at  the  courts  t<J  be  holden  for  each  refpedive  county  in  this 
goverunjent,  next  after  the  Firft  day  of  January,  yearly,  and  every  year,  nominate  and  appoint  as  many 


ib«rfons  of  their  faiii  county  as  they  (hall  judge  neceflary,  to  be  conftables  within  the  fame,  for  the  then   1741.      4-7 
enfuing  year  •,  which  conftables  fo  appointed,  (hall  have  the  following  oath  adminiftered  b(  them  •,  iA»<  is  i*.o"Sfc> 

to  fay,  * 

f«  XTOU  (hall  fwear,  tliat  you  will  well  and  truly  ferve  our  fovereign  lord  the  King,  in  the  office  of  a  Constable's 
jf    «  conftable  j  you  fhall  fee  and  caufe  his  Majefty's  peace  to  be  well  and  duly  preferved  and  kept,  cuth. 

<*  according  to  your  power  ;  you  (hali  arreft  all  fuch  perfons  as,  in  your  fight,  fhall  tide  or  go  armed  of- 

*«  fenfively,  or  Ihall  commit  or  make  any  liot,  affray,  or  other  breach  of  his  Majefty's  peace  }  you  fhall 
fl  «  do  your  beft  endeavour,  upon  complaint  to  you  made,  to  apprehend  all  felons  and  rioters,  or  perfons  ri- 
ll «  otoufly  aflembled  ;  and  if  any  fuch  offenders  (hall  make  refiftance  with  force,  you  (hall  make  hue  and 
ij  ««  cry,  and  fhall  purfue  them,  according  to  law ;  you  fhall  faithfully,  and  without  delay,  execute  and  re- 
\  "  turn  all  lawful  precepts  to  you  diredled  ;  you  fliall  well  and  duly,  according  to  your  knovv^ledge,  power 

«<  and  ability,  do  and  execute  all  other  things  belonging  to  the  oiTice  of  a  conftable,  lb  long  as  you  (hall  coa- 

"  tmue  in  this  ofHce, 

SO  HELP  YOU  GOD. 
Ill  And  he  it  further  enacted  hy  the  authority  aforefaidy  That  each  and  every  conftable,  fo  appointed,  nomi-  Constable's 

nated  and  fworn,  is,  and  they  are  hereby  inverted  with,  and  may  execute  the  fame  power  and  authority,  to  power. 

all  intents  and  purpofes,  as  the  conftables  within  the  kmgdom  of  England,  are  by  law  inverted  with  and 

execute.  _^      , 

IV.  And  be  it  further  enaEledhy  the  authority  aforesaid,  Th^it  if  any  perfon  or  perfons,  nominated  and  ap-  Coistable  ne. 
Pointed  Conftable  by  the  court  of  any  of  the  counties  within  this  government,  fhall  negledl  orrefufe  to  gje'^«>>g  to 
tfualify  himfelf,  according  to  the  direftions  of  this  ad,  within  ten  days  after  notice  of  his  nomination  and  dav's'Ifter  m). 
appointment  as  aforefaid  without  he  can  fhew  fuffieient  caufe  for  his  negleft,  to  be  admitted  of  by  the  Juf-  tic'e,  to  iorieit 
tlces,  who  fhall  or  may  grant  their  Warrant  to  recover  the  penalties  in  this  a£t  mentioned,  he  fhall  forfeit  501. 

the  fum  of  fifty  (hilhngs,  proclamation  money  j  to  be  recovered  by  a  warrant  from  tvi'o  Juftices  of  the 
Peace  in  the  county  where  fuch  perfon  was  appointed  conftable,  and  applied  to  the  ufe  of  the  county  where 
fuch  conftable  is  appointed  ;  provided  fuch  notice  be  in  writing,  figned  by  the  Clerk  of  the  court,  and 
ferved  bv  the  Sheriff  of  the  county,  or  preceding  conftable,  on  fuch  conftable  or  conftables  as  fhall  be  ap- 
pointed, according  to  the  direftions  of  this  a£t, 

V.  Provided  alwaysy  That  no  perfon  in  commiflion  of  any  office,  civil  or  military,  or  member  of  AfTem-  Person?  ex- 
bly,  for  the  time  being,  nor  any  one  who  has  ferved  in  any  fuch  ftation,   or  any  other  who  has  ferved  as  ^"^^P'  f'"'^'"  *"• 
Conftable  within  the  fpace  of  five  years  b^re    nor  any  perfon  who  is  exempt,  by  the  laws  of  England,  ^J^'2  **  ^o"sta- 
(hall  be  obliged  to  ferve  in  the  office  of  CiOwlable  5  any  law,  ufage.  or  cuftom,  to  the  contrary  notwith- 
ftanding. 

VI.  And  be  it  further  enaBed,  That  any  one  Juftice  of  the  Peace  of  the  county  (hall,  and  he  is  hereby  Justice  to  ad- 
impowered  to  adminifter  to  the  feveral  conftables  hereafter  to  be  appointed  in  bis  county,  the  oathdire<Sl-  minister  the 
ed  by  this  aft  for  their  qualification. 

VII.  And  be- it  further  enaEledby  the  authority  aforejaid.  That  upon  the  death  or  removal  of  any  Conftable  On  death  or  re- 
out  of  the  diftrid  for  which  he  was  appointed  conftable,  it  (hall  and  may  be  lawful  for  the  Juftices  of  the  '^^^^^  °^  ^°"-_ 
county  court,  in  which  fuch  diftrift  (hall  be,  or  any  one  of  them,  to  appoint  and  fwear  another  perfon,  to  to  appoint  "'^^* 
be  conftable  in  the  room  and  ftead  of  the  conftable  dead  or  removing  out  of  his  diftridl:  as  aforefaid,  who  others,  till  t-^e 
Ihall  a<St  until  the  next  county  court ;  the  Juftices  of  which  court  (hall  then  either  continue  the  perfon  ap-  "'■^'^  <=ourt. 
pointed  as  aforefaid,  or  nominate  and  appoint  a  new  one. 

VIII.  And  be  it  further  enaHed  by  the  authority  aforefaid,  That  if  any  conftable  to  whom  any  precept  is  Constables  re. 
direfted  by  any  Juftice  of  the  Peace,  (hall  refufe  or  negleft  to  ferve  fuch  precept,  he  (hall,  for  every  fuch  ^°^^^l°  \^l^, 
offence,  on  complaint  of  the  party  profecuting,  be  fined,  at  the;difcretion  of  the  court  of  which  fuch  Juftice  fined%t'the 

is  a  member  ;  to  be  paid  to  the  complainant.  discretion  of 

IX.  And  for  the  better  executing  any  precept  or  mandate,  in  extraordinary  cafes  ;  Be  it  euaSied  by  the  '^e  court. 
authority   aforefaid.    That   it  (hall   and  may  be  lawful,    to  and  for  any  Juftice  of  the  Peace  within  For  want  of  a 
this  government,  to  direft  any  fuch  precept  or  mandate,  in  the  abfence  of,  or  for  want  of  a  conftable,  to  ^°^*d*^g^'ed7o 
any  perfon,  not  being  a  party,  who  (hall  be  obliged  to  execute,  or  endeavour,  in  the  beft  manner  he  can,  g^y  p^rsan,  not 
to  execute  the  fame,  under  the  like  penalty  any  conftable  (hall  be  liable  to,  by  virtue  of  this  adl  ;  to  be  re-  apart/. 
covered  and  applied  as  aforefaid. 

X.  And  be  it  enaSted  by  the  authority  aforefaid.  That   every  conftable  within  this  province,  appointed  Constables' ex* 
and  qualified,  as  herein  before  is  direfted,  (hall  be,  and  is  hereby  exempted  from  all  provincial,  county,  «'H'"<''«' 


48      1741.  and  parifh  taxes,  for  himfelf  only,  and  from  vrorking  on  the  roads,  for  and  during  the  year  he  fliall  bdJ 

<-*nr»«J  conftable  ;  any  law,  ufage,  or  cuftom,  to  the  contrary,  notwithftanding.  < 

RepeaUnjf  XI.  And  be  it  further  enabled  by  the  authority  aforefaid.   That  all  and  every  other  a£t  and  a£ts,  and  every^ 

causs.  claufe  and  article  of  the  fame,  heretofore  made,  fo  far  as  relates  to  the  appointing  of  conftables,  is  and  are ' 

hereby  repealed  and  made  void,  to  all  intents  and  purpofes,  as  if  the  fame  had  never  been  made: 


CHAP.  6, 


An  a&  to  improve  and  amend  the  nascji Ration  of  New  river,  in  Ofjlow  county,     OBS, 


CHAP.  7. 
Rep.  by  pro- 
clamation, but 
re-enai9eclby 
aa,  1756,  9. 

Edgcomb  esta< 
blished. 


Its  boundsi 


Cotamission- 
eis. 


County  to  have 
a  courr,  and  all 
proper  officers. 


Proceedings  of 
the  court  here- 
mfore,  declared 
valid. 


Justices  to  lay  a 
tax,  to  build  a 
court-house, 
&c. 


CHAP.   8, 


4n  a£l  to  confirm  and  enB  that  part  of  the  province  of  North  Carolina,  called  Edgcomb  county,  into 
a  county,  by  the  name  of  Edgcomb  county,  and  for  establishing  the  faid  councy  a  pariJJi;  and  for 
ascertaining  the  boundary  line  between  the  Northwefi  and  Society  parijhes,  in  Bertie  county. 

WHEREAS  the  inhabitants  of  Edgcomb  county,  in  this  province,  who  are  very  numerous,  labour  ' 
under  great  hardftiips  for  want  of  reprefentatives  in  the  General   Aflembly  of  this  Province ; 

II.  We  pray  that  it  may  be  ena<2ed,  And  be  it  enaStei  by  his  Excellency  Gabriel  John/Ion,  Ffq  ,-  Governor^ 
bvand  with  the  advice  and  confent  of  his  Majejly's  cotfncil  and  General  Affembly  of  this  province,  and  ft  is  hen  by 
enaBed  by  the  authority  of  the  fame.  That  that  part  of  this  province  now  called  Edgcomb  county,  be,  and 
is  hereby  eftablifhed  a  county,  by  the  name  of  Edgcomb  county,  the  bounds  whereof  fliall  be  as  follow  ; 
beginning  on  Roanoak  river  at  Jenkin  Henry's  upper  corner  tree,  from  thence  a  ftrait  courfe  to  the  mouth 
of  Cheek's  mill  .creek,  on  Tar  river ;  and  from  the  fouth  fide  of  the  faid  river,  oppofite  to  the  faid  creek, 
a  ftrait  line  unto  the  Middle  grounds,  between  Tar  and  Neus  rivers;  which  ftiall  be  the  dividing  line  be- 
tween Beaufort,  and  Edgcomb,  and  Craven  counties  \  and  from  thence,  up  as  nigh  as  may  be,  keep- 
ing the  middle  between  the  faid  two  rivers,  which  fhall  be  the  dividing  Ijne  between  the  counties  of  Cra- 
ven and  Edgcomb,  and  Beaufort  :  And  the  county  courts  of  Craven  and  Edgecomb,  are  hereby  impower- 
ed,  each  of  them,  for  their  refpeftive  counties;  to  appoint  two  commiflioners  to  run  out  the  bounds  or 
dividing  line  between  Craven  and  Edgcomb  ;  which  line  fq  run  out  as  abovefaid,  and  marked,  ihall  be  the 
dividing  line  between  the  faid  counties. 

III.  \Obfolete.-\ 

IV.  And  be  it  further  enaSied  by  the  authority  aforefaidy  That  the  faid  county  {hall  have  Juftices  of  the  Peace 
and  a  county  court,  with  the  like  jurifdi£lion  with  the  courts  of  the  other  counties  of  this  province  }  and 
likewife,  a  Sheriff,  a  coroner  or  coroners,  and  all  other  officers  incident  to  a  county. 

V.  And  whereas  divers  difputes  have  arpfe,  touching  the  legality  of  the  courts  heretofore  eftablifhed  iii 
the  faid  county,  and  touching  the  validity  of  the  commiffion  appointing  a  Shei[ift  for  the  faid  county  ;  which 
have  difquieted  the  minds  of  the  inhabitants  of  the  faid  county  ,• 

VI.  Be  it  therefore  enaSled  by  the  authority  aforefaid.  That  all  Judgments,  executions  orders,  and 
proceedings  of  tlte  faid  court,  pronounced,  iflued,  and  made,  agreeable  to  the  rules  of  law,  and  the  exe- 
cution of  all  writs  whatfoeverj  done  according  to  law,  and  all  other  ads  done  by  the  faid  ."^herifF,  by  vir- 
tue of  his  office  aforefaid,  be,  and  are  hereby  confirmed  and  declared  valid  ;  ajiy  defedl  in  the  order  of 
the  {"overnor  and  council,  m;ide  for  the  eftablifliment  of  the  aforefaid  county,  notwithftanding. 

VII.  And  be  it  further  enaBedby  the  authority  aforefaid,  That  the  Juftices  of  tlie  faid  county  court,  be.  and 
are  hereby  impowered,  to  lay  a  poll  tax,  on  the  inhabitants  of  the  faid  county,  not  exceeding  the  fum  of 
five  (hillings,  proclamation  money,  and  to  caufe  the  fame  to  be  levied,  in  the  manner  other  public  taxes 
are  levied  and  coUedled,  and  with  the  faid  tax,  at  fome  convenient  place  in  the  laid  county,  at  their  dif-" 
cretion,  to  ere£t  a  court-houfe,  prifoti,  and  ftocks  ;  and  likewife,  at  all  times  hereafter,  as  often  as  the 
faid  court-houfe  or  prifon  ftiall  be  out  of  repair,  to  lay  a  poll-tax  on  the  faid  inhabitants,  not  exceedir^ 
fuch  fum  of  money  as  ftiall  be  neceflary  for  repairing  the  laid  buildings. 

The  8,  9,  10  £5"  1  Ith  clauses,  relating  to  the  concerns  ofparifbesy  are  therefore  omitted. 

An  aSl  to  prevent flealwg  of  cattle  and  hogs,  and  altering  and  defacing  marks  and  brands,  and  mismarking  an4 
tnifbranding  horses,  cattle  and  hogs,  unmarked  and  unbranded. 

WHEPEAS  many  wicked  men  in  this  province,   being  too  lazy  to  get  their  living  by  honeft  labour, 
make  it  their  bufinefs  to  ride  in  the  woods  and  fteal  cattle  and  hogs,  and  alter  and  deface  the 
marks  and  brands  of  others,  and  mifraark  and  miftjrand  horfes,  cattle,  and  hijgs,  not  marked  or  branded  : 
And  whereas  the  laws  in  force  in  this  province  are,  by  esperience,  found  not  to  be  fufficient  to  remedy, 
thofe  evils ; 


II    We  pr-'Y  diat  it  m'  y  be  tyiaaed  ,4ndhe  it.  enaB^d  iji  his  Excellency  Gabriel  yohffion,  &q.  Gwernor,    1 74 1 .      49 
i»  end  ivith  the  advice  aid  conf^nt  of  his  Mafejlfs  Council  and  the  General  Afjemhly  of  this  province,  and  it  is  *„^v^J 
hereby  enaBed  by  the  authority  of  thefame^  that  if  any  free  perfon  or   perfons  (ball  fteal  any  neat  cattle  or 
W    or  ftiali  alter  or  deface  the  mark  or  brand  of  any  other  perfon  or   perfons  horfe,  neat  cattle  or  hog, 
fuch  perfon  or  perfons,  being  thereof  lawfully  conviaed,  (liall,  for  every  neat  cattle  or.  hog  he  or  they  Persons  siea'l. 
fhall  fteal  •    or  for  every  horfe,  mare,  colt,  neat  cattle  or  hog,  whofe  mark  or  brand  he  or  they  (hall  alter  ing  cattle,  or 
or  deface,'over  and  above  the  value  of  fuch  neat  cattle  or  hog  fo  ftole  j  or  for  every  horfe,  mare,  colt,  ;;;;;^;;^^,;;,^f4e3 
neat  cattle  or  hog,  whofe  mark  or  brand  he  or  they  (hall  alter  or  deface  ;   forfeit  and  pay  the  turn  of  ten  UaWe  to. 
pounds,  proclamation  money  ;    to  be  recovered  by  aflion  of  debt,  in  any  court  of  record  within  this 
province  ;  wherein  no  effoin,  injunaion,  proteaion,  or  wager  of  law,  (hall  be  allowed  or  admitted  of. 
by  the  owner  of  fuch  horfe,  mare,  colt,  neat  cattle  or  hog.  that  OiaU  be  fo  ftolen,  or  the  mark  or  marks 
brand  or  brands,  fo  altered  or  deifaced,  provided  he  profecute  for  the  fame  within  fix  months  after  difco- 
very  of  the  faa  committed  ;    and  after  that  time,  any  perfon  may,  as  well  as  the  owner,  fue  for  and  reco- 
ver the  fame,  provided  fuch  profecution  is  comnvenced  within  one  year  after  difcovery  of  the  faa  com- 
mitted j  and  the  o(Fender  (ball,  over  and  a^ove  the  faid  fine,  receive  forty  laflies  on  his  bare  back,   well 
laid  on  ;  and  for  the  fecond  oiience,  (iiall  pay   the   fine  above  mentioned,   and  (land   in  the  pi  lory  two 
hours,  and  be  branded  in  the  left  hand,  with  a  red  hot  iron,  with  the  letter  T:  And  if  any  perfon  or 
perfons  (hall  mifmark  or  mifbrand,  any  unbranded  or  unmarked  horfe,  mare  Qr  colt,  neat  cattle  or  hog, 
not  properly  his  or  their  own,  he  or  they  (hall  forfeit  and  pay  the  fum  of  ten  pounds,  proclamation  mo- 
ney, over  and  above  the  value  thereof,  for  every  fuch  horle,  jnare,  colt,  eeat  pattle  -or  hog,  fo  mifmarked 
Oj  mi&randed  ;  to  be  recpvered  as  afor^faid. 

•III.  And  to  prevent  the  concealing  fuch  offences,    Be  it  emBed  by  the  authority  afore/aid,  That   if  any  P««o"s  seeing 
perfon  or  perfons  (hail  fee  any  other  perfon  or  perfons  committing  any  of  the  crimes  aforefaid,  and  fhall  discwwing  "1°' 
not  difcover  the  fame,  in  ten  days  to  fome  MagKtrate,  then,  and  in  fuch  cafe,  fuch  perfon  or  perfons,  for  to  forfeit  Si. ' 
jjot  difcovering  the  faid  crime,  (hall  forfeit  the  fum  of  five  pounds,  proclamation  money,  for  every  time  he 
(hall  fee  the  faid  crime  or  crimes,  or  any  of  them,  committed  ;  to  be  recovered  by  any  perfon  or  perfons 
who  will  fue  for  the  fame,  by  aaion  of  debt,  in  any  court  of  record  in  this  province  j  wherein  no  elToin, 
proteaion,   injunaion,  or  wager  of  law,  fhall  be  allowed  or  admitted  of. 

IV.  "And  becaufe  it  is  difficult  to  conviaf  any  perfon  who  has  fe«n  fuch  crimes  cominitted,   if  he  will  Evidence, 
deny  the  fame  i  Be  it  further  enaEledby  the  autk/rity  afonfaid.  That  it  (hall  be  fufRcient  evidence  to  convia 

any  perfon  who  has  feen  any  of  the  aforefaid  crimes  committed,  if  it  be  proved  that  he  has  told  any  o- 
ther  perfon  that  he  did  fee  the  faid  crimes,  or  any  of  them,  committed. 

V.  And  whereas,  by  common  cuftom  in  tliis  province  of  killing  of  cattle  and  Tiogs  in  tl-  e  woods,  great , Persons  killing 
opportunities  are. given  to  fteal  the  cattle  and  hcgs  of  other  people  ;  Be  it  therefore  eraBeid  hy  the  authority  cattle  or  hogs 
aforefaid,  -Tljat  if  any  perfon  hereafter  ftiall  kill  any  one  or  more  neat  cattle  or  hogs  in  the  woods,  he  fliall,  g^'J]^^^''^''^ 
within  two  days,  (hevt^the  head  and  ears  of  fuch  hog  or  hogs,   and  the  hide,  with  the  ears  on,  of  fuch  hide. 

neat  beaft  or  cattle,  to  the  next  magiftrate,  or  to  two  fubftantial  freeholders,  under  penalty  of  (ive  pounds 
proclamation  money,    to  be  recovered,   by  any  perfon  who  will  fue  for  the  fame,  by  aaion  of  debt,  bill.  Penalty, 
plaint,  or  information,  in  any  court  of  record  in  this  province  ;  wherein  no  eflbin,  proteaion,  injunaion 
or  wager  of  law,  fliall  be  allowed. 

VI.  And  be  it  further  enaBed  by  the  authority  q/erefaid,  T^Tit  every  perfon  in  this  province,  who  hath  any  Persons  having 
horfes,  cattle,  or  hogs,  (hall  have  an  ear  mark  and  brand,  different  from  the  ear  mark  and  brand  of  all  ""'e,  &c.  to 
other  perfons ;  which  ear  mark  and  brand  he  fhall  record  with  the  clerk  of  tlie  county  where  his  horfes,  bra^^reTorded. 
cattle  or  hogs  ate,    if  not  already  recorded  ;    and  that  he  {hall  brand  all  horfes  with  the  faid  brand,  from 

eighteen  months  old  and  upwards,  and  ear  mark  all  his  hogs,  from  fix  months  old  and  upwards,   with  Cattle,  horses 
the  faid  ear  mark  ;  and  ear  mark  or  brand  all  his  eattJe,  from  twelvemonths  old  and  upwards,  with  the  ^j^^^^'^^" 
faid  ear  mark  or  brand  :   And  if  any  difpute  (hall  arife   about  any  ear  mark  or  brand,  the  fame  (hall  be  branded, 
decided  by  the  book  of  the  clerk  of  the  courfy  court  where  fuch  cattle,  horfes  or  hogs  are. 

VII.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  when  any  perfon  fhall  buy  any  neat  cattle  Personsgctting 
from  another,   or  come  to  the  fame  by  gift,  will  or  any  other  lawful  means,  that  then,  and  in  fuch  cafe,  ^"'fo'^brand' 
the  perfon  who  has  gained  the  fame  by  any  of  the  ways  aforefiwd,  (hall,  within  eight  months,  brand  the  the  same  with 
aforefaid  neat  cattle  with  his  own  proper  brand,   in  the  prefence  of  two  creditable  witneffes,  a  certificate  his  own  mark, 
of  which  {hall  be  figned  by  the  faid  witne(rcs. 

Vol.  I.  O 


50  174  ] .  VIII.  And  be  it  further  enact^by  the  autbsrity  afore/aid,  That  this  a£t  fhall  be  publicfcly  react,  by  the  clerk 
v.^"v*o  of  every  county  court  in  this  province,  at  leafl  twioe  every  year,  viz.  at  the  firft  court  after  Eafter,  and^ 
This  aa  to  be  ^^^  ^'^^  court  after  Auguft,  in  the  morning,  on  the  fecond  day  of  the  court,  in  open  court  under  penalty 
»ead  in  court  of  twenty  (hillings,  proclamation  money  ;  to  be  recovered  by  any  perfon,  by  a  w^arrant  under  the  hands 
twice  a  year.     ^^iA  feals  of  any  two  juftices  of  the  peace  of  the  county,  to  the  ufe  of  the  informer. 

Srrange  cattle        IX.  And  he  it  further  enacted  by  the  authority  aforefaid,  That  if  any  ftrange  cattle  (hall  go  into  the  cowpen 

going  to  ary    of  any  perfon  in  this  province,    the  owner  of  that  cowpen,  if  he  refides  there,  or  the  overfeer  or  marr^ 

t^o'^ve' notice'  S^'')  '^vhere  the  owner  does  notrefide,  (hall  be  obliged  to  give  public  notice  thereof,  by  afhxing  a  note  of 

thereof,  onpe-  the  flefii  marks,  and  ear  mark,  and  brand  of  all  fuch  ftrange  cattle  as  (liall  be  at  his  pen,  at  the  church 

nalty  of  12s.     doors  of  the  parilh  where  the  faid  cowpen  is,  or  where  there  is  no  church,   at  the  court-houfe  door,   in 

one  month  after  fuch  cattle  (hall  come  to  his  pen,  under  the  penalty    of  twelve  (hillings,  proclamation 

money,  for  every  beaft  that  he  (hall  negle£l  to  give  fuch  notice  of  i  to  be  recovered  in  the  fame  manner, 

and  to  the  fame  ufe,  as  the  fine  laft  mentioned.  '    •  ':■..■ 

Slaves  stealin"      X.  And  be  it  further  enacted  by  the  authority  aforeJaid/Y\\-\\.\i  any  iiegro,  Indian  "or  mulatto  flare,   (hall 

or  mismarking  kill  any  horfe,  cattle  or  hog,  belonging  to  any  perfon  whatfoever,   without  the   confent  of  the  owner  or 

any  cattle,  &c.  owners  thereof,  or  (hall  fteal,  mifbrand  or  raifmark  any  horfe,  cattle  or  hog,  fuch  (lave  or  (laves  (hall, 

iTabte  to."*  '^^  fo*"  ^'^  fi"^^  offence,  fufFer  both  his  ears  to  be  cut  off,  and  be  publickly  whipped,  at  the  difcretion  of  the 

Juftices  and  freeholders  before  whom  he  or  (he  (hall  be  tried  ;  and  for  the  fecond  offence,  fliall  fufter 

death:  And  the  trial  and  convi£lion  of  the  faid  flave  or  (laves,  (hall  be  in  fuch  manner  as  is  preferibed  by 

an  a£t  of  AlTembly,  intituled.  An  act  concerning  servants  and  slaves. 

XI.  And  be  it  further  enaBed  by  the  authority  aforefaid,  That  all  and  every  other  a£l  and  afts,  and  every 
claufe  and  article  thereof,  heretofore  made,  fo  far  as  relates  to  the  preventing  the  ftealing  of  horfcs,  cattle 
and  hogs,  and  altering  and  defacing  the  marks  and  brands,  and  mifraarking  and  mifbianding  the  fame,  or 
to  any  other  matter  or  thing  whatfoever,  within  the  purview  of  this  a£l,  is  and  are  hereby  repealed  and 
made  void,  to  all  intents  and  purpofes,  as  if  the  fame  had  never  been  made. 


Kcpealing 
clause. 


CHAP.    9. 

Sre  afl,  J, 
1748,  5. 


.Boundaries  be^ 
tween  Edg- 
con-.b,  TyrrelJ 
and  Beaufort. 


Between  Ty- 
rell  and  Bean- 
fort, 


County  court  to 
lay  a  tax,  lode- 
tray  the  char^ 
S'-'s  of  running 
ibe  boundarie». 


An  ad  for  afcertaining  the  boundary  Urn  between  Tyre.ll  and  Beaufort  counties,  and  between  Edgcomb 

cov77ty,  and  Tyrelland  Beavfyrt  counties. 

WHEREAS  difputes  daily  arife,  between  the  inhabitants  of  Tyrell,  Beaufort  and  Edgcomb  counties, 
by  reafon  the  boundary  line  between  Tyrell  and  Beaufort  counties,  and  between  Tyrell  and  Edg- 
comb counties,  are  not  fufficiently  afcertamed  and  known  ;  by  means  of  which  tmcertaiuty,  tlie  inhabitants 
within  the  difputed  bounds  refufe  to  pay  their  public  and  pariJh  levies  to  any  of  the  colleftors  of  the  faid 
levies  of  either  of  the  faid  counties  .-  For  remedy  whereof ; 

II.  We  pray  that  it  may  be  enaiSed,  And  be  it  enacted  by  his  Excellency  Gabriel  JohnJIony  Efq  ;  Governor ^ 
by  and  ivith  the  advice  and  confent  of  his  Majejl/s  council  and  General  Affemblyof  this  province,  and  it  is  hereby 
enaSied  h  the  authority  ofthefamey  That  each  of  the  county  courts  of  Tyrell,  Edgcomb  and  Beaufort,  (h^ll 
appoint  one  perfon,  who  (hall  fettle  and  run  the  boundary  line  between  Tyrell  and  Edgecomb  counties,  and 
between  part  of  Edgcomb  and  Beaufort  counties,  in  manner  following  -,  that  is  to  fay,  the  faid  Commiflion- 
efs  (hall  begin  at  the  upper  corner  tree  of  Jenkin  Henry's  line,  on  the  South  (ide  of  Roanoke  river,  and 
from  thence,  run  a  direft  line  to  the  mouth  of  Cheek's  mill  creek,  on  Tar-river  ;  and  the  faid  commifTion. 
ers,  as  foon  as  the  faid  line  is  finiOied,  (hall,  under  their  hands,  return  the  courfes  thereof  into  each  of  the 
courts  of  the  aforefaid  counties,  which  (hall  be  recorded  by  the  clerks  of  the  faid  feveral  courts  :  and  the 
faid  line  fo  run,  (hall,  for  ever  after,  be  deemed  the  boundary  line  between  Tyrell  and  Edgcomb  counties, 
and  between  Edgcomb  and  Beaufort  counties,  from  Tyrell  county  as  far  as  Tar-river. 

III.  And  be  it  further  enaaed  by  the  authority  aforefaid,  That  the  flat  fwamp  which,  heretofore,  was  the 
boundary  o~f  Albemarle  and  Bath  counties,  fliall,  to  the  head  of  the  faid  fwamp,  and  from  the  head  there- 
of;-by  a  direa  line  to  the  aforefaid  line  between  TyreU  and  Edgcomb  counties,  for  ever  be  the  boundary 
line  between  Tyrell  and  Beaufort  counties.  ,  ,     »  r    «,     r 

IV.  And  for  defraying  the  charge  of  running  the  faid  line,  Be  it  further  enacted  by  the  authority  afore. 
/flii,That  each  of  the  county  courts  of  Beaufort,  TyreU  and  Edgcomb,  be,  and  are  hereby  irapowered,  to 
lay  a  poll-tax,  not  exceeding  the  fum  of  four  pence,  proclamation  money,  per  tithable,  upon  the  inhabi- 
tants of  their  refpeaive  counties,  and  (hall  caufe  the  fame  to  bs  levied  in  the  fame  manner  the  public  tax- 
es are  levied  ;  and  (hall,  out  of  the  money  arifmg,  by  the  faid  tax.  pay  and  fatisfy  Uieir  refpettive  com^ 


•finflioners,  for  their  trouble  and  charges  expended,  in  running  the  aforefaid  boundary  lines  ••  and  after  pay-    1741.     51 
ing  and  fatisfying  the  commiffioners  for  tlieir  trouble  and  charges,  each  county  court  Ihall  apply  the  mo-  V*<nr*J 
ney  remaining,  if  any  be,  to  the  ufe  of  the  county  where  fuch  tax  is  coUe£ted. 

jiu  a£f  to  enlarge  the  time  J  or  enrolling  of  lands  in  the  auditor's  office  ^  and  proving  the  quiet  pojfeffions  of  lands  for  CHAP.  10, 

ttuenty  years  pfji^  and  upiuards.     OBS. 

An  aSlfct  rejlraining  the  ticking  ofexce/Jlve  ufury.  CHAP,  1 1. 

FORASMUCH  as  the  fettling  of  interell  at  a  reafonable  rate,  will  greatly  tend  to  the  advancement  of 
trade,  and  improvement  of  lands,  by  good  hulbandry,  with  many  other  confiderable  advantages  to 
this  province  :  and  whereas  divers  perfons  of  late,  have  taken  great  and  exceflive  fums  for  the  loan  of  mo- 
iiey,  goods,  and  merchandizes,  to  the  great  difcburagement  of  induftry,  in  the  hufbandry,  trade,  and  com- 
mence of  this  province  : 

li.  We  pray  that  it  may  be  erta^bed.  And  Sett  eftaSledhy  his  Excellency  Gabriel  Johnjlotty  Efq  ;  Governor^  Nor.etotake 
by  and  -with  the  advice  aud  coftfent  of  his  Hajeflfs  council^  and  General  AJfembly,  of  this  province  y  and  it  it  hereby  pe°'ceiu!" 
enaSted  by  the  authority  of  the  fame.  That  lid  perfon  or  perfons  whatfoever,  from  and  after  the  firft  day  of 
May,  which  (hall  be  in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  torty-one,  upon  any  contra*^: 
to  be  made  after  the  faid  firft  day  of  May,  ftiall,  dire6tly  or  indiredlly,  take,  for  loan  of  any  monies,  wares, 
merchandizes,  or  commodities  whatfoever,  above  the  value  of  fix  pounds,  by  way  of  difcount  or  intereft, 
for  the  forbearance  of  one  hundred  pounds,  for  one  year,  and  fo  after  that  rate  for  a  greater  or  lefler  fum,  P«"*"y« 
or  for  a  longer  or  ftidrter  time,-  and  that  all  bonds,  contrafls,  and  aflurances  whatfoever,  made  after  the 
time  aforeiaid,  for  the  payment  of  any  principal  or  money  to  be  lent,  or  convenanted  to  be  performed,  up- 
on or  for  any  ufury,  whereupon  or  whereby  there  fliall  be  referved  or  taken  above  the  rate  of  fix  pounds 
in  the  hundred,  as  aforefaid,  Ihall  be  utterly  void  :  and  that  all  and  every  perfon  or  perfons  whatfoever, 
which,  after  the  time  aforefaid,  upon  any  contraiEl  to  be  made,  after  the  faid  fit  ft  day  of  May,  ftiall  take 
accept,  j^id  receive,  by  way  or  means  of  any  corrupt  bargain,  loan,  exchange,  fhift,  or  intereft,  of  any  mo- 
nies, wares,  merchandizes,  or  other  thing  or  things  whatfoever,  or  by  any  deceitful  ways  or  means,  or  by 
any  difcount,  covin,  device,  or  deceitful  conveyance,  for  the  forbearing  or  giving  day  of  payment,  for  one 
whole  year,  of  or  for  their  money  or  other  thing,  above  the  fum  of  fix  pounds  for  the  forbearing  of  one 
hundred  pounds  for  a  year,  and  fo  after  that  rate  for  a  greater  or  lefler  fum,  or  for  a  longer  or  fh^i-ter  time, 
(hall  forfeit  and  lofe,  for  every  fuch  offence,  the  double  value  df  rhe  monies,  wares,  merchandizes,  and  o- 
ther  things  fo  lent,  bargained,  exchanged,  or  ftiifted  ;  the  one  moiety  of  all  which  forfeitures  to  be  to  our 
fovereign  Lord  the  king,  his  heirs  and  fucceflbrs,  for  and  towards  the  fupport  of  this  goverrtment,  and  the 
contingent  charges  thereof,  and  the  other  moiety  to  him  or  them  that  will  fue  for  the  fame,  by  aftion  of 
debt,  bill,  plaint,  or  information,  in  any  court  of  record  within  this  provuice  ;  wherein  no  eflbin,  protedti- 
pn  or  wager  of  law,  fliall  be  allowed  or  admitted  o£, 

An  a&  to  prevent  tht  taking  ,aviay  htatsy  coftoes  or  petttaguas,from  landings^  or  elfewherey  tmtBout  leave,        chap.  15, 
I.  fT^O  prevent  taking  boats  caiioes  and  Pettiaguas,  ftrom  landings,  or  elfewhere,  without  leave  ;  ^^^ 

1      II.  We  pray  that  it  may  be  enaded.  And  be  it  enaSled,  by  his  Excellency  Gabriel  Johfion,  Esq  ;  Go-  persons  taking 
vtrnor,  by  and  with  the  advice  and  confent  of  his  Maje/ly's  Council,  and  General  Affembly  cf  this  province,  and  boats,  &c. 
it  is  hereby  enaSled,  by  the  authority  of  the  fame.  That  any  perfon  or  perfons  who,  after  the  ratification  of 
thisa£t,  ftiall  take  away  from  any  landing  or  other  place  where  the  fame  ftiaU  be,  any  boat,  canoe  or '^®"^'y' - 
pettiagua,  belonging  to,  or  in  the  cuftody  of  any  perfon  whatfoever,  Mrithout  the  confent  and  leave  of  the 
owner  or  pofieflbr  of  fuch  boat,  canoe  or  pettiagua,  or  ftiall  loofe,  unmoor  or  turn  fuch  boat,  canoe  or 
pettiagua  adrift,  fuch  offender  or  offenders  (hall  feverally  forfeit  and  pay,  to  the  party  who  fhall  own,  or 
in  whofe  cuftody  and  pofTeffion  fuch  boat,  canoe  or  pettiagua  was,  the    fum  of  twenty  fhillings,  procla- 
mation money  ;  to  be  recovered  by  a  warrant  from  any  Juftice  of  the  peace  within  the  county  where  the 
offence  fhall  be  committed,  who  is  hereby  impowered  and  required  to  hear  and  determine  all  fuch  offen- 
ces :  And  if  any  offender  or  offenders  fliall,  after  convi£lioi1,  negle£l  or  refufc  to  pay  the  faid  fum  of  Offender  corn- 
twenty  fliillings,  proclamation  money,  in  fuch  cafe,  it  fhall  and  may  be  lawful  for  the  faid  Juftice,  by  his  mined, 
warrant,  to  commit  fuch  perfon  to  the  Jail  of  the  county,  where  he  ftiall  remain  until  he  fliall  have  paid 
the  fame,  and  the  accruing  cofts. 


C2      1741.      III.  Providtd  always^  That  nothing  in  this  a£J:  ihall  be  underftood  or  cpnUrued  to  debar  any  perfon- 
l,^*ir«0  from  his  or  her  action  at  common  law,  for  any  damage  fuftained,  by  reafon  of  any  boat,  canoe  or  pet- 
Not    to  debar  tiagua,  to  them  belonging,  fo  taken  or  unloofed,    unmoored  or  turned  adrift,  from  any  landing  or  other 
from'hiVaaion.  P^^^^  where  the  fame  was  left,  againft  any  perfon  whatfoever,  notwithftanding  fuch  pcrfon  Ihall  have 
paid  the  penalty  by  this  adt  inflided  ;  any  thing  herein  contained,  or  any  law,  ufageor  cjiflom,  to  the  con- ' 
trary,  notwithftanding. 
Servant  or  slave      IV.  And  be  it  further  ena8ed  by  the  authority  c/or^/Jw'd',  That  if  any  white  fervant,  negroe  or  (lave,   fhall 
^^'^j"^'"S' *° ''^  offend  againft  this  a£t,  and  be  thereof  convided,  andthemafter,    miftrefs  or  owner,  of  fuch  white  fer- 
vant,  negroe  or  Ikve,  {hall  refufe  to  pay  the  faid  fum  of  twenty  {hillings,  proclamatipn  money.,  fuph 
fervant  or  flave  {liall  fufFer  corredlion)  by  whipping,  at  the  difcretion  of  the  Magiftrate,  hot  exceeding 
thirty  nine  Ia{hes. 
Not  to  extend      V.  Provided  always^  and  be  it  ena^edjTiiit  neither  thisaO:,  nor  the  penalties  thereof,  {hall  be  conftrued  to 
to  persons        extend  to  any  perfon  who  {hall  prefs  any  boat,  canoe,  or  pettiagua,  by  public  authority,  or  to  any  perfon 
brau'thority,  or  ^^°  ^^^'  ^^^^^  ^^^  °^"  proper  boat,  canoe  or  pettiagua,  or  to  any  other  perfon  or  perfons,  being  lawful- 
proper  owners,  ly  impowered  £o  to  do  by  the  owner,  from  any  place  or  landing,  or  from  any  perfon  in  whofe  cuftody  he 
fliall  find  the  fame,  or  to  any  fervant  or  {lave  taking  any   boat,  canoe  pr  pettiagua,  from  any  landing  or 
other  place,  by  order  of  his  or  her  mafter,  miftrefs  or  overfeer. 
Master  order-       VI.  And  be  it  further  enaSted,  That  if  any  mafter,  miftrefs  or  overfeer,  fh»ll  order  any  fervant  or  {lave, 
ing  servant  or  belonging  to  them,  or  under  the  care  of  any  of  them,  to  take  from  any  landings  j>r  other  place,  any  boat, 
slave  to  take     c^noe.  Or  pettiagua,  contrary  to  the  intent  and  meaning  of  this  a£t,  fuch  mafter,  miftrefs  or  overfeer,   of  ; 
ble^    ssf .  la-    fu^h  fervant  or  flave  fp  offending,  {hall  be  liable  to  the  forfeitures  and  penalties  of  this  aft,  as  if  they,  'jri  ; 
their  proper  perfon,  had  done  the  fame  j  any  thing  herein  before  contained,  to  the  contrary,  notwith- 
ftanding. 
Repealing  VII.  And  be  it  further  ena^ed  by  the  authority  aforefaid^  That  all  and  every  other  a£l:  and  a£ls,   and  eve- 

clause.  ^  claufe  and  article  thereof,  fo  far  as  relates  to  prevent  the  taking  boats,  canoes  or  pettiaguas,  from  land- 

ings, or  elfewhere,  without  leave,  is  and  are  hereby  repealed  and  made  void,  to  all  intents  and  j»uTpofes, 
as  if  the  fame  had  never  been  made.  .  ' 

CHAP.  li.     An  actfor  tke  better  obj'trvation  and  keeping  of  the  Lord's  day,  commonly  called  Sunday  %   and  J  or  the 

more  effectual  J  up presiion  of  V7ce  and  immorality. 
Vol.  2. 140.      ICTf  THEREAS  in  well  regulated  governments,  effeftual  care  is  always  taken,   that  the   day  fet  apart 
W    for  public  worftiip,   be  obferved  and  kept  holy,  and  tP  fupprefs  vice  and  immorality  :  Where- 
fore,  is; 

No  person  to         IL  We  pray  that  it  may  beenafted,  lAnd  peit  enaBed,  byhis  Eptcellency  Gabriel  fohrilfany  £sq',  Gbvcm- 
do  an)  work      or^  by  andtvith  the  advice  and  confent  of  his  Majejl^'i  Council  and  General  Aisetnhly  of  this  province,  and  it  is  . 
Lord's  day        hereby  enaSed,  by  the  authority  of  the  same.  That  all  and  every  perfon  and  petfohs  whatfoever  (hall,  on  the  ' 
Lord's  day,  commonly  called  Sunday,  carefully  apply  themfelves  to  the  duties  of  reli^on  and  piety  ;  and 
that  no  tradefman,  artificer,  planter,  labourer  or  other  perfon  whatfoever,  fliall,  upon  the  land  or  wa-  ' 
ter,   do  or  exercife  any  labour  bufinefs  or  work,  of  their  ordinary  callings,  (works  of  neceffity  and  charity  ; 
only  excepted  ;)  nor  employ  themfelves  either  in  hunting,  li{hing  or  fowHng,  nor  ufe  any  game,  fpbrt  or  ! 
play,  on  the  Lord's  day  aforefaid,  or  any  part  thereof,  upon  pain  that  every  petfon  fo  offending,  being  of  the 
age  of  fourteen  years,  and  upwards,  fliall  forfeit  and  pay  tke  fum  of  ten  fliillings,  proclamation  mo^  : 
Persotis  swear-  ney. 

jng  in  the  hear-  jij,  _^„j  ^g  it  further  enaBedby  the  authority  aforefaid,  f  hat  if  any  perfon  or  perfons  fhall  prrofanely  fwcar 
tire."^*"^"^'  **'  curfe,  in  the  hearing  of  any  Juflticeof  the  Peace,  or  fhall  bt  convl£ted  of  profanely  fwearing  and  curfmg 
by  the  oath  of  one  or  more  witnefs  or  witneffes,  or  coiifeffibn  of  the  party  bpfore  any  Juftice  or  Jufticeis 
Public  officer  of  t^^e  Peace,  every  fuch  offender  {hall  forfeit  and  pay  the  fnm  of  two  flullinps  and  fix  pence,  of  the  like 
convifledofthe  money,  for  every  oath  or  curfe  :  and  if  any  perfon,  executing  any  public  office,  {hall  profanely  fwear  or 
same.  curfe,  being  firft  convlfted  as  aforefaid,  fuch  perfon  fliall  forfeit  and  pay  the  fum  pf  five  {hillmgs,  of  the 

like  money,  for  each  and  every  path  or  curfe. 

Persons  sweat-      IV.  And  be  it  further  enacted.  That  if  any  perfon  or  perfons  fliall  profanely  fwear  and  cutfe,  in  the  pre- 

ing  in  the  pre-  fence  of  any  court  of  record  in  this  government,  fuch  offender  or  pffendcrs  ihall  immediately  pay  the  fiim 

tenceofacourt.  ^f  ten  ftiillings,  of  the  like  money,  for  each  and  every  oath  or  curfe  ;  to  be  depofited  in  the  hands  of  tile 

chairman  of  tlxe  faid  court,  and  by  him  accounted  for  and  paid,  as  herein  after  is  direded  j  or  to  fit  in  the 

flocks,  not  exceeding  three  hours,  by  order  of  fuch  court. 


IV.  jindheitfitrtker  enacted  by  the  authority  aforefa'iJ,"lhit  every  pcrfon  conviaed  of  drunker.nefs,  by    1741.      S3 
'Vlewofany  Jufticeof  th''p'>3C'»j  confeffion  of  the  party,  or  oath  of  one  or  more  witnefs  or  witnefies,  »— ->(«*-> 
fuch  peilon  fo  comriacd,  {hail,  if  fuch  offence  was  committed  on  the  Lord's  day,  forfeit  and  pay  the  fum  P-^-f'^'jIS 
of  five  Ihillings,  of  the  like  iponey  \  but  if  on  any  other  day  the  fum  of  two  Ihilhngs  and  fix  pence,  for  ^^^ 

eac^i^an^cvuy^^^^  better  execution  oi'  all  and  every  of  the  foregoing  orders,  5^  it  further  enacted.  That  all  Justices  power 
and  every  Juilice  and  Juftlces  of  the  t>eace,  within  his  or  their  refpeaive  county,  fhall  have  ful  power  and  J^.^'j^^'/'^fl,,^. 
authority,  to  convene  before  him  or  them,  any  perfon  or  perfons  who  fhall  ofFend  m  any  of  the  particulars  ces  against  ihi? 
before  mentioned,  in  his  or  then  hearing,  or  on  other  legal  conviaidn  of  any  fuch  offence,  and  to  impofe  aa. 
thte  faid  fine  or  penalty  for  the  fame,  and  to  reflrain  or  commit  the  offender  until  it  be  fatisfied,  or  to  caufe 
the  fame  to  b,^  levied  by  diftrefs  and  fale  of  the  offender's  goods,  returtiing  the  ovM|jlus,  if  any,  to  the  own- 
er :  and  in  cdfe  any  fuch  offender  be  unable  fo  fatisfy  fiich  fine,  to  caufe  hitn  W  b6  put  m  the  llocksi  not 

^^VIL  "prJSrfX^/,  That  all  infoTmations  againflt  the  aforfefaid  offences,  Ihall  be  Made  within  ten  dajrs  J;"jJ"^^2^" 
ifler  fuch  offence  or  offences  committed,  and  not  after.  ,      ,       4     ,,.      .,      '». 

VIII.  And  bfitjurther  enaBedhy  the  authority  aforejaid.  That  all  fines  aCcruitig  and  bfecdminfe  diie  by  vit-  l^^^^^^l  Jj 
jtue  of  this  aa,  (hall  be  levied  as  foon  as  may  be  after  conviaion,  one  half  to  the  informer,  the  othfer  half  ^^^^ 

to  the  ufe  of  the  parifii  where  fuch  offence  {hall  be  committed  i  and  the  chairman  and  Juftices  of  thri  fe- 
veral  courts  of  the  feveral  counties  of  this  province,  are  hereby  direded  to  nccount  for,  Upon  oath,  and  pay 
fuch  fine  or  fines  as  (hall  or  may  by  them,  or  any  of  .them,  be  received,  by  virtue  of  this  ad,  io  the  church- 
wardens of  the  refpeaive  parifties  of  this  government,  at  leaft  once  a  year,  when  the  fame  (hill  bfe  derhand- 
ed  by  the  churchwardens  under  the  penalty  of  paying  the  fum  of  twenty  pounds,  proclamation  money, 
for  every  refufal,  to  t)e  levied  and  applied  as  aforefaidl  Pp„„„,  r>>« 

IX.  And  be  it  further  enaaed  by  the  authority  aforefaid.  That  if  aiiy  perfori  cotnmit  fornicatiofi,  upon   dUfe  ^^^^^^^  ^^^^^ 
conviaion,  each  of  them  (hall  forfeit  and  pay  twenty  five  fhillings,  proclamation  money,  for  each  and  e-  eation^  to  for. 
very  fuch  offence  ;  to  be  recovered,  and  applied  to  the  fame  ufe,  ds  the  othet  fines  in  this  aa.  feit  258, 

X. '  And  be  it  further  en^ctedy  That  any  two  Juftices  of  the  Peace,  upon  their  o^n  knowledge  or  itiforma-  Single  women 
tion  made  to  them,  that  any  (ingle  woman  within  their  county  is  big  with  child,  or  delivered  of  a  chiid  or  °^lf|*^'p  ^„j 
children,  may  cause  fuch  woman  to  be  brought  before  them,  and  examine  her,  upon  oath,  concerning  the  refusing  to  tell 
father  \  and  if  fhe  (hall  refufe  to  declare  the  father,  (he  (hall  pay  the  fines  in  this  aa  before  mentioHed,  the  father,  to 
and  give  fufTicient  fecurity,  to  keep  fuch  child  6x  children  from  being  chargeable  to  theparifh,  or  (hall  be  P^y  "j^""^'^.^, 
committed  to  prifon,  until  (he  (halj  declare  the  fame  or  pay  the  fine  aforefaid,  and  give  fecunty  as  afore-  ^^^^ 
faid  :  but  in  cafe  fuch  woman  (hall,  upon  oath,  before  the  faid  Juftices,  accufe  any  man  of  being. the  fa-        ^^^  declares 
ther  of  a  baftard  child  or  children,  begotten  of  her  body,  fuch  perfon  fo  accufed,  fhall  be  adjudged  the  re-  ,t,e%^,i,gr   ,,c 
puted  father  of  fuch  chi'd  or  children,  and  ftand  charged  with  the  maintenance  of  the  fame,  Ss  the  county  ghaii  give  secu- 
court  (hall  order,  and,  give  fecurity  to  the  Juftices  of  the  faid  court  to  perform  the  faid  order,  and  to  indem-  rity. 
nify  the  parifh  where  fuch  child  or  children  fhall  be  born,  free  from  charges  for  his,  her  or  their  mairite- 
/lance,  and  may  be  committed  to  prifon  until  he  find  fecurities  for  the  fame,  if  fuch  fecurity  is  not  by  the 

woman  befqre  given.  .  l,-  j        lustkestotjind 

XI.  And  be  it  further  enaBed^  That  the  faid  two  Juftices  of  the  Peace,  at  their  difcretion,  may  btnd,to  \^^  ^^^^^^ 
the  next  county  court,  him  that  is  charged,  on  oath,  as  aforefaid,  to  have  begotten  a  baftard  child,  which  charged  with 
fhall  not  he  then  born  ;  and  the  county  court  may  continue  fuch  perfon  upon  fecurity  until  the  woman  ftiall  being  the  fa- 
be  delivered,  that  he  may  be  forth  coming  when  the  child  is  born.  J^'* 

XII.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  this  aa  (hall  be  publicly  read,  two  feveral  Th^s  afl  to  be 
times  in  the  year,  in  all  parifti  Churches  and  Chapels,  or  for  want  of  fuch,  in  the  place  where  divine  fervice 

is  performed  in  every  parifii  within  this  government,  by  the  minifter,  clerk  or  reader  of  each  parifti,  imme- 
-  diately  after  divine  Xervice,-  that  is  to  fay,  on  the  firft  or  fecond  Sunday  in  April,  and  on  the  firft  or  fecond 
Sunday  in  September,  under  the  penalty  of  twenty  ftiilHngs,  proclamation  money,  for  every  fuch  omiffion 
or  neglCja ;  to  be  levied  by  a  warrant  from  a  Juftice,  and  applied  to  the  ufe  of  the  parifh  yhere  the  offence 
fhall  be  committed  j  and  the  churchwardens  9f  every  parifti  are  hereby  required  to  provide  a  copy  of  this 
aa,  at  the  charges  of  the  pari(h. 

XIII.  Provided  al-waysjThzt  nothing  herein  contained  ftiall  be  conftrned  to  exempt  any  clergyman  with-  Clergymen  fur. 
in  this  government,  who  ftialibe  guilty  of  any  of  the  crimes  herein  before  mentioned,  from  fuch  further  therbabie. 

Vot.I.  P  W 


5if      174-!.    punHhn>ent  ns  might  have  been  influnied  on  him  for  the  fame, before  the  making  of  this  a£t  ;  any  thing 
i-*«-v-»»J  herein  contained  to  the  contrary  notwithftanding, 

RepeXifig  XIV.  yind  be  it  further  cnaEted  by  the  authority  aforefa'^dy  That  all  and  every  other  a£l:  and  a£ts,  and  ever^^. 

clause,  claufe  and  article  thereof,  heretofore  made,  fo  far  as  relates  to  the  fuppreiTion  of  vice,  or  reftraiiit  and  puiiil 

ifliment  of  wicked  and  diflblute  perfons,  or  any  matter  or  thing,  within  the  purview  of  this  aft,  is  and  ar^ 
hereby  repealed  and  made  void,  to  all  intents  and  purpofes,  as  if  the  fame  hud  never  been  made. 

CHAP.   1 5.  An  aEifor  the  trial' of fmdlt  and  mean  caufes^ 

Provided  lor  by  subsequent  a£ls. 

CHAP.  16.  An  a3  for  afcertaining  the  damage  upon  prote/kd  bills  of  exchange. 

Proteste<I  bills  ^'  XT*^^  afcertaining  the  damage  upon  protefted  bills  of  exchange,  we  pray  that  it  may  bo  enafted, 
to  carry  inter-  X?  And  be  it  enaSled  by  his  Excellency  Gabriel  Johnjlon,  Efq  ;  Governor,  by  and  nvith  the  advice  and  con- 
est  from  the  fgnt  of  his  Majiflfs  council  and  General  Affemhly  of  this  province,  and  by  the  authority  of  the  fame,  That  where- 
Wner"  en:  '  ^"Z  ^^^'  of  exchange  is,  or  fliall  hereafter  be  drawn,  for  the  payment  of  any  fum  of  money,  in  which  the 
value  is  or  (hill  be  exprefled  to  be  received,  and  fach  bi;i  i^  or  fliall  be  protefted,  for  non-acceptance  or 
*Asta'nlmidbi!U  non-payment,  the  fame  fliall  carry  intereft  from  the  date  thereof,  after  the  rate  of  ten  per  cent,  per  a,i- 
Zee  Vj.  2, 97.    num,  until  the  money  therein  drawn  for,  ftiall  be  fully  fatisSed  and  paid^ 

Interest  allow-       H.  But  leafl;  any  perfon  having  any  fuch  bill,  fliould,  for  the  fake  of  the  intereft,  delay  negociating  the 
cd  but  18  fame,  or  if,  after  it  fhall  be  protefted,  fliall  not  demand  payment  thereof  of  the  drawer  or  indorfer,  ;'/  isfur- 

Wll"'rcsented^'  *^*'  ^"'^^^^  and  declared.  That  no  perfon  whatfoever  fliall  pay  more  than  eighteen  months-  intereft,  from  the 
2tc.  '    date  of  any  fuch  bill  till  it  fliall  be  prefented  protefted  to  the  drawer  or  indorfer  thereof. 

15  per  cent,  al.       HI.  And  be  it  further  enaSied  by  the  authority  aforefaid.  That  where  any  bill,  drawn  hefore  the  making  of 
loweJ  for  da-    this  a£l:,  or  which  fliall  hereafter  be  drawn,  is  or  Ihall  be  protefted  as  aforelaid,  there  fhall  be  paid  untc 
mase,  with      ^^^^  perfon  or  perfons  as  fliall  have  right  to  demand  the  fame,  for  his,  her,  or  their  damage  in  that  behalf    , 
fuftained,  after  the  rate  of  fifteen  per  cent,  for  the  fum  exprefled  in  the  faid  bill,. together  with  the  coft&.   I 
and  charges  of  the  proteft,  and  no  more.  ; 

Anions  IV.  And  be  it  further  enacted  by  the  authority  aforefaid.  That  it  fliall  and  may  be  lawful  for  any  perfon  or 

brought  against  perfons  liaving  a  right  to  demand  any  fum  of  money  due  upon  a  protefted  bill  of  exchange,  to  commence. 
dor^rf"ntl'y"  ^"^  profscute  an  adlion  for  principal,  intereft,  and  charges  of  proteft,  againft  the  drawer  and  indorfers 
cr  separately. '  jointly,  or  againft  either  of  them  feparately,  and  judgment  fhall  and  may  be  given  for  fuch  principal  draught 
and  charges,  and  intereft,  after  the  rate  o^ten  per  cent,  per  annum,  as  aforefaid,  to  the  time  of  fuch  Judg- 
ment. 
Repealing  V.  And  he  it  further  enaSed  by  the  authority  aforefaid,  That  all  and  every  other  a6l  and  a£ts,  and  every  claufe. 

clause.  and  article  thereof  heretofore  made,,  fo  far  as  relate  to  any  matter  or  thing  whatfoever  within  the  purview 

of  this  a£l,  is  and  are  hereby  repealed  and  made  void,  to  all  intents  and  purpofes,  as  if  the  fame  had  never 
been  made. 

CHAP.  1 7.  '"^^  aBfor  regulating  weights  and  meafures. 

WHEREAS  many  notorious  frauds  and  deceits  are  daily  committed,  by  falfe  weights  and  meafures  ^ 
For  prevention  whereof. 
Weights  and  II.  We  pray  that  it  may  be  enafted^  And  be  it  enaSled,  by  his  Excellency  Gabriel  Johnjlon^  Efq  ;  Governor, 
cordm"^^*  ^"^  by  and  with  the  advice  and  confent  of  his  Majeflfs  council  and  General  AJfembly  of  this  province,  and  it  is  hereby 
»tanaa?d°£ic,  enaEiedby  the  authority  of  the  fame.  That  no  inhabitant  or  trader  fliall  buy  or  fell,  or  otherwife  make  ufe  of  in 
trading,  any  other  weights  or  meafures  than  are  made  and  ufed  according  to  the  ftandard  in  his  Majefty's 
exchequer,  and  the  ftatutes  of  England  in  that  cafe  provided. 
Justices  to  pro-  III.  And  for  the  difcovery  of  abufes>  Be  it  further  enailed  b^tke  authority  aforefaid.  That  the  Jufti- 
weiRhT^^d'^  ces  of  each  and  every  county  within  this  government,  fhaU,  within  two  years  next  after  the  ratification  of 
measures,  and  '^is  a£l,  at  the  charge  of  each  county  refpetlively,  provide  fealed  weights,  of  half  hundred,  quarters  of 
a  keeper.  hundreds,  half  quarters  of  hundreds,  feven  pounds,  four  pounds,  two  ppunds,  one  pound,  and  half  pound  ; 

and  meafures,  of  ell,  and  yard,  of  brafs  or  copper   and  meafures,  of  half  bufliel,  peck,  and  gallon,  of  dry 
meafure  ;  and  a  gallon,  pottle,  quart,  and  pint,  of  wine  meafure  \  (for  the  payment  of  which  charge  the 
faid  Juftices   are  hereby  empowered  to  levy  a  tax  on  their  refpedtive  counv.es,  to  be  kept  by  fuch  perfon, 
^Hid  in  fuch  place,  as  the  Juftices  of  each  refpcdtive  county  fliaU  appoint,  fuch  perfon  firft  giving  fulEcient 


fecurity  to  the  fciid  Judices,  in  the  fum  of  fifty  pounds,  proclamation  money  ;  And  the  faid  Juftices  fliall   1741.      55 
alfo  find  and  provide  for  the  faid  perfon,  a  ffamp  for  brafs,  tin,  iron,  lead,  or  pewter  weights,  or  meafures,  u««-\-«J 
and  alfo  a  brand  for  wooden  meafures,  of  the  letters  N.  C,  upon  pain  of  forfeiting  and  paying  the  fum  of  ^  stamp  and 
ten  pounds,  proclamation  money,  to  be  recovered  from  the  faid  Juftices,  by  aftion  of  debt,  bill,    plaint  or  '"^*°''' 
information,  in  the  General  court  of  this  province,  a;id  apphed  to  the  ufe  of  our  fovereign  Lord  the  King 
for  and  towards  the  fupport  of  this  Government,  and  the  contingtnt  charges,  thereof, 

IV.  And  be  it  further  enaSled  by  the  authority  aforffaidy  That  any  perfon  whatever  ufing  weights  or  mea-  Who  shall  try 
fures,  (hall  bring  all  their  Meafures  and  weights  to  the  keeper  of  the  ftandard  of  the  county  where  fuch  *""?  ^'"""'P  "'* 
perfon  (hall  refide  or  trade  to  be  there  tried  by  the  ftandard,  and  fealed  or  ftamped  :  And  if  any  perfon  or  mewil'eB^'^ 
perfons  fhall  buy,  fell  or  barter,  by  any  weight  or  meafure  which  fliall  not  be  tried  by  the  ftandard,  and  feal- 
ed or  ftamped  as  aforefaid,  he,  Ihe  or  they  fo  offending,  (hall,  for  every  fuch  offence,  forfeit  and  pay  the  ^^'sons  selling 
fum  of  ten  pounds,  proclamation  money,  one  half  to  the  ufe  of  the  county  where  fuch  offence  ftiall  be  com-  w^nu?^'' 
mitted,  and  the  other  half  to  the  party  who  ftiall  fue  for  the  fame  \  to  be  recovered  in  any  court  of  record  sures.to  forfeh 
in  this  government,  wherein  no  effoign,  protection,  privilege,  injunftion  or  wager  of  law,  fliall  be  al-  ^°'* 
lowed. 

V.  And  whereas  Steelyards,  by  ufe,  are  tubjeft  to  alterations,  Be  it  further  enabled  by  the  authority  aforefaidy  Steelyards  to  be 
That  all  and  every  perfon  who  (hall  ufe,  buy  or  fell,  by  Steelyards,  ftiall,  once  every  year,  try  the  fame  with  •"«'*  °"<=e  a 
the  Sandatd,  and  take  a  certificate  from  the  keeper  of  the  ftandard  for  the  county  wherein  fuch  perfon  ftiall  ^^'"''i  ^"^^  °" 
refide,  upon  pain  of  twenty  fliillings,  proclamation  money  ;  to  be  recovered  and  applied  as  aforefaid.  ^^^    ^  °      '" 

VI.  Repealed y  Vol.  2,  48. 

VII.  And  be  it  Jurther  enaBedhy  the  authority  aforefaidy'Vhzt  the  ftandard-keeper  of  each  and  every  county.  Standard  !:eep- 
fliall,  at  the  next  court  to  be  held  for  the  county  in  which  he  fliall  refide,  take  the  following  oath,  viz.       1^'*  **^'  ^''^^' 
«  'XT'OU  fliall fwear, that  you  will  not  ftamp,  feal  or  give  any  certificate,  for  any  fteelyards,  weights  or  y"      .. 

j[  «  meafures,  but  fuch  as  fliall,  as  near  as  poffible,  agree  with  the  ftandard  in  your  keeping  ;  and 
««that  you  'vVill,  in  all  refpe£ts,  truly  and  faithfully  difcharge  and  execute  the  power  and  truft  by  this  zSt 
**  repofed  in  you,  to  the  beft  of  your  ability  and  capacity. 

SO  HELP  TQIT  GOD. 
.'  VlII.  And  be  it  further  enalEled  by  the  aUthoritf  aforefaid,  That  the  ftandard-keeper  of  each  and  every  county  „  V 

111'  this  government,  is  hereby  impowered  and  required,  with  the  affiftance  of  a  conftable   (vvho  is  hereby  er ^wl^h'^a  Con- 
Gomm^nded,  upon  notice,  to  attend  him,  upon  information  made  to  him  of  any  perfon  or  perfons  keeping,  stable,  may 
or  having  in  his  or  their  houfe  or  cuftody,  any  fteelyards,  weights  or  meafures,  which  have  been  altered,^^*'"'^*' ^"^P®"^- 
leflened  or  fliortened.  fince  they  were  tried  and  fealed  by  the  ftandard,  or  fliall  be  fufpeded  of  buying,  fel-  ^^  ^°"*^»' 
ling  or  bartering  by  fuch  falfe  weights  and  meafures,)  to  fearch  the  hnufes  or  other  fufpeded  places  of  proceedings. 
fuch  offender,  for  any  fuch  weights  or  meafures  fo  falfified  ,•  and  if,  upon  fearch,  any  fuch  falfe  weights  or 
meafures  fliaUbe  found,  he  fliall  charge  a  conftable  with  the  owner  of  them,  or  the  perfon  ufing  them,  who 
fliafl  forthwith  convey  him,  her  or  them^  before  any  Juftice  of  the  Peace,  who  is  hereby  dire£led  to  bind 
him,  her  or  them,  over  to  the  next  court  to  be  held  for  the  county  where  the  offence  fliall  be  committed  j 
and  the  faid  offence  ftiall  be  laid  before  the  Grand  Jury,,  by  the  King's  Attorney-General,  or  his  Deputy, 
and  for  want  of  them,  by  any  perfon  the  county  court  fliall  think  fit  to  appoint,  and   fliall  be  cognizable  by 
the  faid  grand  J^ry,  either  by  indidment  or  prefentment  j  and  if,  upon  trial  by  a  Petit  Jury,  fuch  offend- 
er or  offenders  ftiall  be  found  guilty,  the  county  court  fhall  fine  each  and  every  perfon  fo  convifted 
in  any  fum  not  exceeding  twenty   five   pounds   proclantiation   money;    one  third  part  thereof  to    the 
informer,  one    third   part  to   the    ftandard-keeper,  and  one  third  part    thereof    to    be    paid    to   the 
Juftices  of  the  county,   to   be  applied  to  the  ufe  of  .the  county  where  the  offence  fliall  be   committed  ; 
and  fliall  commit  the  offender  to  jail  until  the  fame  fliall  be  paid  :  And  further,  if  it  appear  fo  the  county  hLwe'rht^"^ 
court,  by  the  verdid  of  the  Petit  Jury,  that  the  offender  altered,  leffened  or  fliortened  his  or  her  fteelyards,  wHhtme«  to^* 
weights  or  meafures,  or  caufed  the  fame  to  be  done,  or  ufed  fuch  fteelyard's,  weights  or  meafures  knowing-  defraud,  be- 
ly,  after  they  were  fo  altered>  Jeffened  or  fliortened,  with  an  intent  to  defraud  any  perfon,  in  fuch  cafe  the  thl^fi^^^'"^ 
court  fliall,  befides,  and  notwithftanding  the  faid  fine,  fentence  fuch  offender  to  ftand  publicly,  during  the  stand"ki  the 
fitting  of  the  Court,  two  hours  in  the  pillory,  with  his  offence  written  over  his  or  her  head  ;  any  law,  cuftom  p  llory  2  hours, 
or  ufage  to  the  contrary,  notwithftanding. 

IX.  And  be  it  further  enadted  by  the  authority  aforefaidy  That  the  Naval  officer  of  each  and  every  port  with-  Nj>al-officer  to 
in  this  govCTJiment,  fliall  aflix  up»  in-  a  public  part  of  his  office,  and  there  conftantly  keep  affixed,  an  ad-  set  up  an  adver- 
vertifement  of  this  aft,  that  traders  coming  into  this  government  may  have  notice  thereof,  upon  pain  of  for-  ''cement  of  this 


56  1741 .  felting  five  (hillings  proclamation  money,  for  every  tirenty  four  hours  the  ^ame  fliall  be  n«g1eaed  ;  to  be 
J-^  recovered,  by  a  warrant  from  anv  Juftice  of  the  Peace,  of  the  county  where  the  offence  (hall  be  commi«ed. 
^^  by  any  perfon  who  (hall  fue  for  the  fame,  and  applied,  one  half  to  die  informer,  and  the  oth^r  half  to  the 

ufe  of  the  faid  county.  .-,-„».   n-  r  ».      r    n.-     i      n,  n 

Justices  m.y  X.  And  ie  tt  further  enacted,  by  the  authority  aforefaid,  That  the  Juftices  of  ev«ry  county  refpeaively,  {hall 
lake  county  u^,,^  -^^^^^  to  take  and  receiveinto  their  cuftody,  all  fuch  weights  and  meafures  as  have  been  already  pro- 
v.eighTs  and        j       »  j    refpeaivc  county  or  pari(h,  and  (hall  alfo  demand  and  receive  from  all  and  every  perfon  or 

rC^'cods  perfons^whatfoever,  all  fuch  fu'ms  of  money  as  have  been  already  raifed  to  purchafe  fuch  weights  and  mea. 
and  receive  all  fyrgs,  and  difpofe  of  and  apply  tlie  fame,  according  to  the  direaions  ot  this  att.  .     «     'j 

sums  raised  to  '     .    ,  ^j^ -^  .  ^^^^  ^„^^;,^  3.  f^e  authority  afirelaid.  That  all  and  every  other  aa  and  aas,  and  every 

I'eTehtVS  claufe  and  artick  thereof,  heretofore  made,  fo  far  as  relate  to  weights  and  meafures,  or  any  other  matter 
bISLs  or  "hfng  within  the  purview  of  this  aa,  is  aud  are  hereby  repealed  and  made  void,  to  aU  mtents  aad  purpo, 
c\ause.  fes,  as  if  the  fame  had  never  been  made, 

CHAP.  18.     An  aafor  huilding  and  maintaining  of  CourUoufes,  prifins  andjhcks  in  every  county  -within  this  province,  and 

^    '  appdintiner  rules  to  each  county prifon,  for  debtors.  ,    ^       ^, 

Hm  k  TTTE  pray  that  it  may  he^Z.aeA,andbeitenaaed,  by  his  Excellency  G-*"'' >*«^'^' ^^^  ^^--^^  *; 
irK  VV     andnvith  the  advice  and  con)ent  of  his  Majejlfs  council  andthe  General  Affemblyof  tb,s  frovtnceyandtt 

Justices  tolay  ,V&  enaBedbythe  authority  of  the  fame.  That  the  Jultices  in  all  and  every  county  or  counties  within  th« 
jTSrbuird/p^^SrwhereLreisnotfu^^^^^ 

ing  court  hou.  J  ^  '  fucceeding  court  of  their  refpeaive  counties,  after  the  ratification  of  this  aa,to  lay  a  fulficicnt 
.es  pnsons  &  fj^^  ^^^  inhabitants  of  their  faid  counties,  not  exceeding  one  (hilling,  proclamation  money,  per  poU.: 
stocks.  ^^;7^^P°      „  f,,  ^,  building  a  court-houfe,  prifon  and  (locks,  or  any  fuch  of  them  as  (hall  be  wantuig  , 

which  levy  (hall  be  paid  and  colleaed  by  the  Sheri(Fof  each  county,  m  the  fame  manner  as  all  other  pub- 
lic and  plrift  taxes  Ld  levies  are  paid  and  colleaed,  and  by  him  (hall  be  accounted  fpr  to  the  Juftices  og 
the  county  cpurt,  upon  oath  5  and  tte  faid  Sheri(f  fhaU  be  allowed  three  per  cent,  fgr  coUedrng  the 

Justice,  to  en,-  ^' n"*  And  be  it  further  enabled  by  the  authority  aforefaid  That  the  Juftices  of  each  county  (hall  and  «ay.  f^mj 
,lcy  persons  to  ,;,"',,  ^ime  and  at  all  times  hereafter,  employ  perfons  to  keep  and  maintain  the  court-houfe,  P"fon  ^ni 

be  committed  to  the  county  prifoiis,  the  court  (hall  have  ?»'?"'";""' ?'t\i"Ji|  -"'jj  J,eV,  prifoner, ' 

libm,-  .hoeot.  and  every  prifoner  givmg  fuch  fecunty  as  aforesaid,  and  keeping  «'""™»' ^  „etfon  therewith  con. 

and  is  hJre'by  adjudged  -d  ledared  to  be  ,0  >».  »^»;  P'/-     ^  tor  edTnirianSjV*.  -4    i 
Bounds  record  cemed  may  know  the  true  bounds  of  the  laid  rules,  ttie  lame  inan  oc 
**»•  ^^-  the  marks  diereof  (hall,  from  time  to  ti.i«e,  be  ^enew^d,  ?s  occafion  thaU  jeqmre, 

CHAP.  20.  An  aafor  regulating  ordinci.  ies  and  for  refirmt  of  tippHng-houfrs. 

Rep  1758.  io.  irer.  8.    1779,10.     Air<r.22    1798,18.  /,«..^.%,«,.VA;« /A/c 

proviucey  negleBing  toregijier  thetr  deeds  or  mcfne  conveyances  j  or  who,  t/^rougrj  ignor         r     & 

had  the  fame  acknowledged,  pt  oved  and  regiftered.  ^         \„Au,uA    An  aa  to  abbmnt  intblic  re- 

•v-m-  -rHFR  F  AS  hv  an  aa  of  the  General  Affembly  of  this  province,  intituled,  /f«  aCT  toqppmm  /ww'f /r 

r>^:^re.Ti;;^i'rm"sroSi;ic'd™;nt^^^^^ 


fame  was  acknowledged  by  the  vendor,  pr  proved,  by  one  ©ir  more  evidences,  upon  oiath,  either  before  the  ITU.  57 
Chief  Jaftice  for  the  time  being  or  in  the  court  of  the  precin£l  where  the  land  lay,  within  twelve  months  v.,*-v->0 
after  the  date  of  the  fame  deed  :  and  whereas  feveral  of  the  public  regifters  of  the  feveral  counties  of  this 
province,  have  neglefted  to  regifter  feveral  deeds  or  mefne  conveyances,  purfuant  to  the  before  recited 
a£l,  and  feveral  per^fons,  through  ignorance  or  neglefl:,  have  failed  to  prov,  acknowledge  and  regifter,  their 
deeds  or  mefne  eonveyances  j  and  alfo,  feveral  perfons  have  recorded  their  deeds  or  mefne  conveyances,  in 
the  Clerk's  office  of  the  feveral  precindls  or  counties  in  which  fuch  lands  lie,  believing  the  fame  as  effec- 
tual as  if  tha  faid  deed  or  mefne  conveyance  had  been  regiftered  in  the  regifter's  office  as  aforefaid  j  where- 
by feveral  perfons'  titles  to  their  lands  and  tenements  are  become  precarious,  to  the  great  prejudice  of  fuch 
perfons  :  to  the  end  therefore  that  all  poffible  relief  may  be  given  to  the  perfons  whofe  eftates,  titles  and 
interells,  may  be  affef^ed  thereby  ; 

II.  We  ptay  that  it  may  be  enaded.  And  be  it  ena&ed  by  his  Excellency  Gabriel  Johnjlon^  Efq.  Governor,  '^^^'^^^  ^^^ 
iy  and  'with  the  advice  and  confent  of  his  Majejifs  Council,  and  General  AJfembly  of  this  province,  and  it  is  here-  ^^^'  ^*"°      ' 
by  enaEled  by  the  authority  offhefatney  That  all  deeds  and  mefne  conveyances  of  land?,  tenements  and  heredita- 
ments, not  already  acktiowledged,  proved  and  regiftered,  by  any  negleft  as  aforefaid,  the  public  regifter  of 

every  county  where  fuch  neglefl  hath  happened,  ffiallregifter  fuch  deed  or  mefne  conveyance,  within  twelve 
months  after  the  ratification  of  this  ad  i  provided  fuch  deeds  or  mefne  conveyences,  be  delivered  to  the 
'{regifter  of  each  county  where  the  land  lieth,  within  ten  months  after  the  ratification  of  the  fame. 

III.  And  be  it  further  ena^ed  by  the  authority  aforefaid,  Th^t  2i\l  deeds  or  mefne  conveymcesy  which  have  Deetls  register* 
been  recorded  by  the  Clerk  of  any  precinft  or  county  court  within  this  province  where  fuch  lands  lie,  or  y^ji^^,'^"^ 
have  been  heretofore  regiftered  by  the  publick  regifter  of  any  of  the  faid  precinfls  or  counties  within  this 

province  where  fuch  lands  lie,  though  not  within  one  year  after  the  date  of  fuch  conveyance,  fhall  be  ^ood 

and  valid  In  law  3  and  all  deeds  and  mefne  conveyance^  hereafter  to  be  proved,  acknowledged  and  regifter- 

jcd,  in  the  manner  as  is  by  this  a£t  direfted,  ffiall  be  good  and  valid,  to  all  intents  and  purpofes,  as  if  the  As  well  those 

faid  deeds  and  mefne  conveyances  had  been  regiftered  purfuant  to  the  before-recited  a£i ;  and  fuch  regif-  def'thi"/aa""* 

try  of  all  and  every  deed  or  mefne  conveyance,  already  regiftered,  or  that  hereafter  ihall  be  regiftered,  by 

virtue  of  this  or  the  before-recited  aft,  or  a  copy  thereof,  properly  attefted  by  the  regifter,  fliall  and  may  ^p^^^J^' °be 

(where  fuch  original  deed  or  mefne  conveyance  is  loft,)  be  given  in  evidence  in  any  court  within  this  pro-  given  in  evi- 

vince,  in  fuch  fuit  or  fuits  wherein  tliere  may  be  occafion  to  give  fuch  regiftered  deed  or  mefne  conveyance  dence. 

in  evidence  ;  any  law,  ufage  or  cuftom,  to  the  contrary  notwithftanding. 

IV.  And  be  it  further  enacted  by  the  authority  afore/aid.  That  every  regifter  that  fhall  negle^V,  refufe  or  det-  Register  liable 
lay  to  regifter  any  deeds,  mefne  conveyances  or  any  other  inftrumeats  of  writing,  wilJiin  two  months  after    "*  "^S « 
delivered  to  him,  fuch  regifter  pr  regifters,  for  each  and  every  two  months  fo  neglefting,  refufing  pr  de- 

layingr,  fhall  forfeit  and  pay  the  fumof  twenty  pounds,  proclamation  money;  one  half  to  the  ufeof  the 
parifh,  and  the  other  half  to  him  or  them  that  fliall  fue  for  the  fame,  to  be  recovered  by  aftion  of  debt,  bill, 
plaint  or  information,  in  any  court  of  record  in  this  Government,  wherein  no  effoign,  injunction  or  wager 
of  law,  fhall  be  allowed  or  admitted  of. 

AnaSfor  punijlim(nt  of  defcTtirs,    obs.  €HAP.  22, 

Jin  aB  for  tJtabliJJiin^  the  Church,  for  Appointing  parifhes,  and  the  method  of  eleBingvefjtries  t,  and  CHAP.  23. 
for  direding  the  JittUment  tf  Parijh  Accompts  throughout  this  Governmtnt.faj 

An  aB  concerningfervants  andjlaves.  CHAP.  2^ 

J.  TT>  E  ^  tnaBed  by  his  Excellency  Gabriel  Jehnjion,  Mfq.   Governor,  by  and  uith  the  advice  and  confent  of  his  Ante,  p.  2l8 
IJ  Majedfs  council  and  General  Afembiy  of  this  province,  and  it  is  hereby  enacted  by  the  authority  ofthejame,  ^^^3, 14, 

,  faj  This  aft,  in  Davis'  edition,  is  said  to  bave  been  repealed,  and  from  the  nature  of  some  subsequent  ai9s,  I  presume  it  has 
jTieen  repealed  by  the  King's  proclamation,  though  I  have  no  authority  to  assert  it.  But  the  objefls  of  this  »&,  in  regard  to  vestries, 
»nd  the  settlement  of  parish  accounts,  were  provided  for  by  aSs,  Jar.  1764,  ch-  2;  Nov,  1768,  ch.  2;  ard  March,  1774,  cb.  7- 
And  see  the  following  afls  since  the  revolution,  Nov:  1777,  ch,  7;  May,  jl779,  ch.  5;  June,  1781,  ch.  15;  April,  1783,  ch.  16  j 
Nov.  1785,  ch.  17,  18,  19;  Nov.  1787,  ch.  44.  The  est^lishraent,of,the  church  (if  the  above  afl  has  net  been  repealed)  was  su- 
perseded  by  the  constitutiMi  of  1776.  Arid  as  to  that  part  of  the  a<a  concerning  the  appointment  of  parishes,  I  have  considered  all 
such  regulations  as  of  too  private  a  nature  for  this  puWicntion;  jior  do  J  imagine,  in  case  of  a  dispute,  there  could  be  any  difficulty 
in  ascertaining  the  botmds  of  each. 

Vol.  I.  Q 


That  no  perfon  whatfoever,  being  a  chriftian,  or  of  chnftian  parenta;;e,  who,  from  and  after  the  ratification 
of  this  aft,  {hall  be  imported  or  brought  into  this  province,  (hall  be  deemed  a  fervant  for  any  term  of  years, 
unlefs  the  perfon  importing  him  or  lier  ftiall  produce  an  indenture,  or  fome  fpecialty  or  agreement,  figni-/ 
fying,  that  the  perfon  (o  imported  did  contraft  to  (erve  fuch  importer,  or  his  affigns,  any  number  of  years, 
in  confideration  of  his  or  her  pafTage,  or  fome  other  confideration  therein  expreiTed :  and  upon  any  contelt 
arifing  between  the  mafter  of  any  veflel,  or  other  perfon  importing  any  fervant  or  fervants,  without  inden- 
ture, upon  any  bargain  or  fpecialty  as  afcrefaid,  the  fame  fhall  be  determined  at  the  next  county  court  to 
be  held  for  the  county  where  the  faid  fervant  or  fervants  fhall  be  imported,  the  Juftices  of  which  court  are 
tween IviMters  ^^"'^'^7  empowered  to  hear  and  determine  the  fame,  in  a  fummary  way  ;  and  fuch  determination  or  judg. 
and  persons  u}>  ment  ftiall  be  conclufive  and  binding  on  the  importer  or  fervant  or  fervants,  either  for  the  difcharge  of  the 
ptrted,  how  faid  fervant  or  fervants,  or  to  oblige  him,  her  or  them,  to  ferve  die  importer,  or  his  affigns,  as  the  matter 
'"^'^^-  Ihall  appear. 

Servants  ab-  II.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  if  any  Chriftian  fervant,  whether  he  or  (lie  be  [ 

selvte^  t'o  ^"''  ^  fervant  by  importation,  or  otherwife,  fhall,  at  any  time  or  times,  abfent  him  or  herfelffrom  tlie  fervice  j 
double  lime,  °f  ^"S  or  her  mafter  or  miftrefs,  without  licence  firft  had,  he  or  fhe  fhall  fatisfy  and  make  good  fuch  lofs  '. 
^c.  of  time,  by  ferving,  after  their  time  of  fervice  by  indenture  or  otherwife  is  expired,  double  the  time  of  fer-  ) 

vice  loft  or  negle<fled  by  fuch  ab  fence;  and  a1fo  fuch  longer  time  as  the  county  court  lliall  think  fit  to  adjudge  ' 
in  confideration  of  any  further  charge  or  damage  the  mafter  or  miftrefs  of  fuch  fervant  may  have  fuftained, 
by  reafon  of  his  or  her  abfence  as  aforefaid. 
Disobedient  HI.  And  be  it  further  enacted  by  the  authority  aforefaid,  That  if  any  Chriftian  fervant  fhall  lay  violent  handj 

Uhed'  '*  ^""'  on  his  or  her  mafter  or  miftrefs,  or  overfeer,  or  fhall  obftinately  refufe  to  obey  the  lawful  commands  of  a- 
ny  of  them,  upon  proof  thereof  by  one  or  more  evidences  before  any  Juftice  of  the  Peace,  he  or  flie  fhall, 
for  every  fuch  offence,  fufFer  fuch  corporal  punifliment  ai.the  faid  Juftice  fhall  think  fit  to  adjudge,  not 
exceeding  twenty  one  lafhes.  , 

Master  to  pro-       IV.  And  as  an  encouragement  for  chriftian  fervants  to  perform  theii  fervice  with  fidelity  ami  chearful-  | 
ri't/  '^^"^''*'     nefs  \  Be  it  further  enacted  by  the  authority  aforefaid.  That  all  mafters  and  owners  of  any  fervant  or  fervants,  ^ 
fhall  find  and  provide  for  their  fervant  or  fervants,  wholefome  and  competent  diet  cloathing  and  lodging, 
at  the  difcretion  of  the  county  court,  and  fhall  not,  at  any  time,  give  immoderate  correftion,  neither  fhali, 
whi )  '^  ^°'       ^'  ^"y  time,  whip  a  chriftian  fervant  naked,  without  an  order  from  a  Juftice  of  the  Peace  :  and  if  any  per-  \ 
vauis  naJjtdr    f°"  ^''^^  prefume  to  whip  a  chriftian  fervant  naked,  without  fuch  order,  the  perfon  fo  offending,  fhall  for-  I 
feit  and  pay  the  fum  of  forty  fhillings,  proclamation  money,  to  the  party  injured  ;  to  be  recovered,  with  | 
cofts,  upon  petition  to  the  county  court  (without  the  formal  proceff  of  an  aftion,)  as  in  and  by  this  a£l  is  \ 
provided  for  fervants'  complaints  to  be  heard  and  determined  j  provided  complaint  be  made  within  fix  months  > 
after  fuch  whipping.  ^ 

Ju"t^ceb^may''  ^ '  "^"^^  "^  it  further  enaBed  by  the  authority  aforefaid^  That  all  fervants  by  indenture  or  otherwife  as  a- 
biiid  the  mas-  ^orefaid,  fliall  have  their  complaints  received  by  a  Juftice  of  the  peace,  who,  if  he  find  caufe,  fhall  bind  the 
t""  mafter,  miftrefs  or  overfeer,  over,  to  anfwer  the  complaint  at  the  next  county  court  ;  and  it  fhall  be  there 

determined  ;  and  all  complaints  of  any  fervant  or  fervants  fhall  and  may,  either  immediately,  or  as  afore* 
No  formal  pro-  faid  by  virtue  hereof,  be  received  at  any  time,  upon  petition  or  information  in  the  court  of  the  county  where- 
in they  refide,  without  the  formal  procefs  of  an  a£l:ion  ;  and  alfo  full  power  and  authority  is  hereby  given   \ 
to  the  faid  court,  at  their  difcretion  (having  firft  fummoned  the  mafter,  miftrefs  or  overfeer,  to  juftify 
Maser  not  o-    themfelves,  if  they  think  fit,)  to  adjudge,  order  and  appoint,  what  fhall  be  neceffary  as  to  diet,  lodging,    ; 
der'of  cc**  '°'^"    c^°^'^""g  o^  correftion,  and  if  any  mafter,   miftrefs  or  overfeer,  fhall  not  thereupon  comply  with  the  or- 
wtvant  scld.      ^^"^  °f  ths  f^'*^  court,  the  faid  court  is  hereby  authorifed  and  impowered,  upon  a  fecond  juft  complaint, 
to  order  fuch  fervant  or  fervants  to  be  immediately  fold,  at  public  vendue,  by  the  Sheriff  ;  and  after  the 
charges  are  deduced,  the  remainder  of  what  the  faid  fervant  or  fervants  fhall  be  fold  for,  to  be  paid  to  the    j 
owner. 
If  by  s'fkncss       VI.  Provided  always.  That  if  fuch  fervant  or  fervants  fliall  be  fickor  lame,  or  otherwife  rendered  fo  in-  A 
Lc.  he  does  not  capable  that  he,  fhe  or  they,  cannot  be  fold  for  fuch  value  at  leaftas  fhall  fatisfy  the  fees,  and  other  inci-    » 
"  charges,  to  ^^^^  charges  accrued,  the  faid  court  fhall  then  order  fuch  fervant  or  fervants  into  the  care  of  the  church-    • 
be  sent  to  the    wardens  of  the  parifh  5  and  the  mafter,  miftrefs  or  owner,  fhall  provide  the  faid  fervant  or  fervants  with 
Church  war-     fuch  convenient  neceffaries  as  they  fhall  diredl  and  judge  fufficient  for  his,  her  or  their  fupport,  until  the 
t  edVor  by'the'  ^'"^^  ^"®  ^7  ^^^  ^^°^^  ^^^^  fervant  or  fervants  to  their  mafter,  miftrefs  or  owner,  fhall  be  expired,  or  until    .' 
master.  fuch  fervant  or  fervants  fhall  be  fo  recovered  as  to  be  fold,  for  defraying  the  faid  fees  and  charges. 


VII.  ^«</^^  x^/«>'/^^''^«o^7fi,  That  the  faid  court,  from  time  to  thne,  fliall  order  the  charges  of  keeping    1741.     59 
fuch  fervant  or  fervants,  to  be  levied  upon  the  goods  and  chattels  of  the  mafter  or  owner  of  fuch  fervant  or  i-«'v^O 
fervants  in  cafe  they  fhould  negiefl  or  refufe  to  provide  for  the  fame.  Charges  l.vied 

VIII.  And  be  it  further  enaBed  bj  the  authority  aforefaidy  That  all  fervants  aforefaid,  whether   by  Inden-  ""  "'aster, 
ture  or  otherwife,  as  well  feme  coverts  as  others,  Ihall,  in  the  like  manner,  (as  is  provided  upon  com-  pUintrfortheir 
plaints  of  mifufage,)  have  their  petitions  received  in  the  faid  County  court,  for  their  wages,  freedom,  wages,  &c 
and  freedom  dues,  (in  this  a£t  hereafter  exprefled,)  without  the  formal  procefs  of  an  adlion  j  and  pro- 
ceedings and  judgment  {hall,  in  like  manner,  be  had  thereupon. 

IX.  And  be  it  further  enaSied  by  the  authority  aforefaid.  That  no  mafter  or   Miftrefs  of  any  fervant  or  fer-  Master  dis- 
vants,  who  {hall  happen  to  be  fick  or  difeafed  during  the  time  of  their  fervitude,  and   unable  to  perform  charging  sick 
their  daily  labour,  ftiall,  upon  any  pretext  whatfoever,  remit  to  fuch  fervant  or  fervants,  any  part  of  his,  ^^"'*"^»"^ 
her,  or  their  time,  to  be  cleared  of  them,  whereby  the  faid  fervant  or  fervants  may  peri{h,  or  become  a  ing  his  rec  Jve- 
charge  to  the  pari{h  :  And  whofoever  {hall  hereafter  offend  herein,  or  {hall  not  ufe  and  endeavour  all  ""y.  to  forfeit  51. 
lawful  means  for  recovery  of  fuch  their  fervant  or  fervants  as  fhall  happen  to  be  fick  or  difeafed,  during  ^'^' 

the  time  of  his,  her,  or  their  lervitude,  {hall  forfeit,  for  each  and  every  fervant  fo  turned  off  orneglefted, 
five  pounds,  proclamation  money  ;  to  be  levied  by  an  order  from  the  county  court  before  whom  the  fa£l 
fhall  be  proved,  by  the  oath  of  one  or  more  witnefs  or  witneiTes,  and  to  be  paid  into  the  hands  of  the 
churchwardens  of  that  pari{h  where  the  offence  {hall  be  committed,  and  difpofed  of  towards  the  fupport 
and  maintenance  of  fuch  fervant  or  fervants  fo  turned  off  or  negle£bed,  for  the  recovery  of  his,   her,  or 
their  health  and  ftrength;  and  fuch  fervant  or  fervants  fhall  be,  by  the  county  court,  or  any  two  Jufli- 
ces,  during  the  time  of  their  infirmity,  ordered  into  the  hands  and  care  of  the  churchwardens  of  the 
parilh  in  which  his,  her,  or  their  mafter  or  owner  {hall  dwell :  But  in  cafe  fuch  fick  or  difeafed  fervant  ^^  ^'  """^  ^^^' 
or  fervants  refpeftively  {hall  not  live  to  the  expending  the  faid' whole  fum  of  five  pounds,  proclamation  porT sprier- 
money,  then  the  remainder  to  be  difpofed  of  to  the  ufe  of  that  parifh  ;    or  in  cafe  the  faid  fum  of  five  vant.conrtmay 
pounds  {hould  not  be  fufficient  to  fuport  each  fervant  during  his  fervitude,  or  until  his  recovery,  in  fuch  °^'^^^  r^a.-e. 
cafe  the  county  court  is  hereby  authorifed  arid  empowered  to  order  a  fufficiency  to  be  levied  (from  time 
to  time,  as  the  fame  {hall  become  due,)  upon  the  goods  and  chattels  of  the  mafter  or  owner  of  fuch  fer-  Servant  so 
yant  or  fervants,  if  they  fhall  negle£t  or  refufe  to  provide  the  fame,    agreeable  to  the  orders  of  the  faid  '"''"^'^  '''*'  *'"« 
court ;  and  fuch  fervant  or  fervants  fo  negleded  or  turned  off,  {hall,  upon   their  recovery,   be  fet  free  very!*  '^'^'^ 
from  their  mafter  or  owner. 

X.  Provided  aiivays,  and  be  it  further  tna^ed.  That  if  any  fervant  or  fervants  in  this  Government,  {hall.  Servants  faring 
through  his,  her,  or  their  Own  wilful  mifbehaviour,  happen   to  have  any  difeafe,  or  any  broken  bones,  ""g  sickness, 
bruifes,  or  other  impediments,  whereby  they  may  be  difabled  to  perform  their  labour  as  they  ought  to  ^^y""  '^l^"^'  , 
do,  and  become  chargeable  to  their  mafter  or  owner,  fuch  fervant  or  fervants  fhall  ferve  his,  her,  or  their  for  it,'&c, 
mafter  or  owner,  after  the  time  of  his,  her,  or  their  fervice  by  indenture  or  otherwife  is  expired,  fuch 

time  as  {hall,  by  the  county  court,  be  adjudged  fufiiclent,  to  fatisfy  the  charges  expended  on  him,  her, 
or  them,  for  his,  her,  or  their  recovery  ;  and  {hall  alfo  ferve  over  fo  much  time  as  he,  {he  01  they,  by  any 
fuch  means,  were  difabled  to  lerve  :  Any  thing  herein  contained  to  the  contrary  notwithftanding. 

XI.  And  be  it  further  enaBed,  by  the  authority  aforefaid.  That  if  any  fervant   or  fervants    {hall  unjuftly  Servants  ma- 
vex  and  trouble  his,  her  or  their  mafter  or  owner,  with  groundlefs  complaints  againft  them  to  the  coun-  '"".S  false  com- 
ty  court,  or  to  any  Juftice  or   Juftices  of  the  peace,  fuch  fervant  or  fervants  {hall,  by  the  county  court  P^*'"'^- 

be  ordered  to  ferve  his,  her,  or  their  mafter  or  owner,  fo  injured  by  fuch  unjuft  and  groundlefs  vexation, 
after  the  expiration  of  the  time  he,  {he,  or  they  have  then  to  ferve,  the  double  term  and  fpace  of  that 
time  he    Ihe,  or  they  negle£i:ed  and  loft,  in  profecution  of  fuch  complaints. 

XII    And  be  it  further  enaBed  by  the  authority  aforefaid.  That  every  fervant  who  {hall  be  in  gaol,  for  his,  O""  P"' '"  gaol 
her,  or  their  own  ou*Fence,  {hall  ferve  his,  her,  or  their  mafter  or  owner,  double  the  time  he,  Ihe,  or  they  ^°'  ^^^^  °^''"' 
fhall  there  remain,  after  the  expiration  of  the  time  he,  fhe,  or  they  have  to  ferve  by  indenture  or  other-  dsuble  dmet 
wife}  and  further,  ferve  his,  her.  or  their  faid  mafter  or  owner,  fuch  time  as  Ihall  be  ordered  by  the  &c. 
county  court,  as  a  fatisfaftion  for  the  fees  and  other  charges  his,  her,  or  their  mafter  or  owner  hath  ex- 
pended for  fuch  fervant  or  fervants. 

XIII.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  in  all  cafes  of  penal  laws,  whereby  perfons  Where  free 
free  are  punilhable  by  fine,  fervants  fhall  bp  puniflied  by  whipping,   at  the  difcretion  of  any  court,  or  pe^'sons  are  fl- 
Juftice  or  Juftices  before  whom  fueh  fine  or  fines  are  recoverable,  nor  exceeding  thirty-nine  laflies ;    un-  "^^.'*'  "'^auts 
lels  the  fervant  fo  culpable,  can  and  will  procure  feme  perfon  or  perfons  to  pay  the  fine.  Uss^hsy  pav". 


60  1 741  XIV.  And  be  It  further  enacted  by  the  authority  afdrefaid,  That  no  free  man  or  trader  whatfoever,  fliall  buy, 
UorO  fell,  trade,  barter,  or  borrow  any  commodities  whatfoever,  with,  to,  or  from  any  apprentice  or  fervant. 
No  free  person  whether  fo  by  indenture  or  otherwife,  or  with  any  Have  within  this  government,  without  the  confent  of 
bcnaiifsTr''  the  mafter,  miftrefs  or  owner  of  fuch  apprentice,  fervant,  or  flave,  upon  pain  of  forfeiting  treble  the  va, 
stives.  '  ^ue  of  the  commodity  or  commodities  fo  traded  for,  battered  or  fold  ;  and  alfo,  fh^ll  pay  the  fum  of  fix 

Feiiaiiy.  pounds,  proclamation  money,  to  the  ufe    of  the  faid  mafter,  miftrefs,  or  owner ;  to  be  recovered,   in 

irss^U^^        the  court  of  the  county  where  the  offence  {hall  be  committed,  by  a<Sion   of  debt,  bill,  plaint,   or  infor- 
1787,' 6.'  mation,  wherein  no  efibin,  protection,  injunftion,  or  wager  of  law,  (hall  be  allowed  or  admitted  of : 

1788,  7.  And  if  it  fhall  fo  happen,  that  the  perfon  fo  offending  (hall  not  fee  able  to  pay  treble  the  value  of  the 

Offender  not  a-  commodities  fo  traded  for,  fold  or  bartered,  and  the  fum  of  fix  pounds,  fuch  perfons  (hall  then  be  adjude- 

ble  to  pay,  to  ji^i_  irii  r  .   r        ^       r  ■  ■  ■  f  J& 

be  sold.  *">  "Y  "^^  county  court,  to  be  fold  as  a  iervant  for  the  fame, 

Master  not  su-      ^       Provided  alivays.  That   if  the  mafter,   miftrefs,   or  owner  of  fuch   apprentice,  fervant,   or 
ing  in  six  flave,    fhall  not,  within  fix  months  after  he  or  ftie  fhall  have  information  or  knowledge  of  iuch  offence, 

months,  any  profecute  the  offender  or  offenders  for  the  fame,  that  then  it  fhall  and  may  be  lawful  for  any  other  perfou 
person  may.  Jq  jq  j^^  ^^^  ^^  \i2Me  and  receive  every  advantage  and  benefit  arifing  froni  fuch  profecation. 
Servants  em-  XVI.  And  be  it  further  enacted  by  the  authority  aforefaidy  That  every  fervant,  by  indenture  or  otherwife,  who 
bezzhng  mM.  (hajj  embezzle,  purloin,  wilfully  wafte,  or  fhall  trade,  fell,  or  barter,  or  otherwife  make  away  any  of 
to  sefve  for  jt^,  ^^^  ^"^  ^^'"  ™after  or  miftrefs's  corn,  cattle,  {heep,  hogs,  ftpck,  or  other  goods  or  provilions,  or  commodities 
&c.  whatfoever,  fhall,  upon  conviftion  of  every  fuch  offence,  by  one  or  more  teftimonies,  upon  oath,  or  con, 

fefHon  of  the  party,  before  any  county  court  within  this  government,  be  adjudged,  by  the  faid  court,  to 
ferve  his  or  her  faid  mafter  or  miftrefs  fuch  time  as  the  faid  court  fhall  think  reafonable,  for  the  faid  ofr 
fence,  after  the  faid  time  by  indenture  or  otherwife,  as  aforefaid,  is  expired. 
Servant  having      XVII.  And  whereas  many  women  fervants  are  begotten*with  child  by  free  men,  or  fervants,  to  the 
servitudT  to'    g*^^^*^  prejudice  of  their  mafter  or  miftrefs,  whom  they  ferve  ;  Be  it  therefore  further  enaSisd  by  the  auth»- 
serve  ore  year,  ^'^y  aforefaid^  That  if  any  woman  fervant  fhall  hereafter  be  ^vith  child,   and  bring  forth  the  fame  during 
the  time  of  her  fervitude,  fhe  fhall,  for  fuch  ofJence,  be  adjudged,  by  the  county  court,  to  ferve  hey 
mafter  or  miftrefs  one  year,   after  her  term  of  fervice  by  indenture  or  otherwife  is  expired: 
Ifby  Vier  mas-       XVIII.  And  be  it  further  etiaBed  by  the  authority  aforefaidy  That  if  any  woman  fervant  fhall  hereafter  be 
warden""'^'^       delivered  of  a  child,  begotten  by  her  mafter,  fuch  fervant  fhall,  immediately  after  delivery,  be   fold,  by 
s4!  her  for  I     the  churchwardens  of  the  parilh  where  the  offence  fhall  be  committed,  for  one  year,  after  the  time  offer- 
year  &.C.  vice  by  indenture  or  otherwife  is  expired  ;  and  the  money  arifing  by  fuch  fale,  fhall  be  to  the  ufe  of  the 
parifh  ;  And  if  any  white  fervant  woman  iTiall,  during  the  time  of  her  fervitude,  be  delivered  of  a  child, 
Ifby  a  negro,   begotten  by  any  negro,  mulatto,  or  Indian,  fuch  fervant,  over  and  ab.ove  the  time  fhe  is  by  this  aft  to 
and  th'e  c^m'  f'^'ve  her  mafter  or  owner  for  fuch  offence,  fhall  be  fold,  by  the    churchwardens  of  the  paiifli,  for  two 
bound  out  till    ye^rs,  after  the  time  by  indenture  or  otherwife  is  expired ;  and  the  money  arifing  thereby  applied  to  the 
Siyeaisof  age,  ufe  of  the  faid  parifh;  and  fuch  mulatto  child  or  children  of  fach  fervant,  to  Rebound,  by  the  county 
'*  court,  until  he  or  fhe  arrive  at  the  age  of  thirty-one  years, 

XIX.  And  whereas  many  abufes  have  and  may  be  committed,  by  perfons  who,  under  pretence  of  un^ 
derftanding  feveral  trades  and  mifteries,  have  procured,  and  may  hereafter  procure,  hrge  fums  of  mo- 
ney to  be  advanced  to  them,  and  have  entered,  and  may  hereafter  enter,  int.o  covenants  with  merchants 
and  others  in  Great-Britain,  or  elfewhere,  for  the  payment  of  large  wages,  yearly,  though  they  were,  or 
may  be,  totally  ignorant  of,  and  unable  to  perform,  fuch  trade  and  miftery  j  For  remedy  whereof. 
Tradesmen  XX.  Beit  enaBed  by  the  authority  of arefaid,  That  all  and  every  perfon  or  perfons  already  imported,  or 

understand*  '^'^^^  ^^^  ^^  liereafter  imported,  into  this  Government,  as  a  tradefman  or  workman,  on  wages,  and  fhall 
their  trades,  be  found  not  to  undprftand  fuch  trade  or  employment,  the  mafter  .or  owner  of  fuch  fervant  may  bring 
court  may  cut  him  or  her  tp  any  county  court  of  this  Government  i  which  court,  upon  .complaint  made  to  them  of 
oft  their  wages,  ^^^^j^  deceit,  are  hereby  empowered  and  direded  to  enquire  into  the  fame,  and  upon  finding  any  fuch 
fraud,  may  judge  and  direct  fuch  fatisfattion  to  be  made  to  the  mafter  or  owner  of  fuch  fervant,  either 
by  defalcation  of  the  wages,  or  part  tKereof,  as  to  them  fhall  feem  juft. 
If  they  refuse  XXI.  And  be  it  further  enaSled  by  the  authority  aforefaid,  That  if  any  perfon,  who  is  or  fhall  hereafter 
Irrtbsemthem^  ^e  imported  or  brought  into  this  Government,  as  a  tradefman  or  other  workman,  on  wage?,  fhall  refufe 
selves,  county  or  negleft  to  perform  his  duty,  or  fhall  abfent  himfelf  from  his  mafter  or  owner's  fervice  without  leave, 
court  may  or-  jn  every  fuch  cafe,  it  fliall  and  may  be  lawful  for  the  Juftices  of  the  county  court  wherein  fuch  mafter  or 
tion  ""*^*'^*     owner  refides,  upon  complaint,  and  proof  to  them  made,  to  order  fuch  fatisfaftion  and  reparation  to  the 


tft^{>.er  cyrov/nerof  fuch  feivant,  for  the  iiamages  ifuftaincd  byJi'm  rorfacTi  refuial  orneglecl,  as  to  them    1741.      61 
[hall  feem  juft  ;  and  for  every  day  fuch  fervantfliall  abfent  him-Vif  ik>«i  l]i$  Ri^-lcr  or  owft^'s  fervice  as  u^-v-^p* 
afciefaid,  tp  order  and  direft  fuchfervam  to  ferve  his  or  her  did  mafter  orcv^wori  two  days  for  every 
day's  abfence.  aftfer  his  tiiiie  by  indenture  or  otherwifQ  is  expired,  and  that  without  any  wages  t5  h^  {'aid 
for  fuch  fervice. 

XXII.  jlftd  be  it  further  en^fted  by  the  authority  aforesaid^  That  there  (hall  be  allowed  to  every  fervant,  Servant's  dues 
whether  by  iiidefitiife  (5r  otherwife    not  having  yearly  wages,  at  the  expiration  of  his  or  her  fervice,  three 

[pounds,  proclamation  money,  befides  one  fufficient  fait  of  wearing  cloaths,  for  fuch  fervant   or  fervants. 

XXIII.  ^^Tid  be  it  further  enacted  by  the  authority  afore^aidi^'Chzt  if  a«y  peifon  dr  perfons  aheady  have,  or  Persors  im- 
(hall  hereafter,  import  into  this  Government,  and  here  fell-,  <Jt  reta-in  for  hisovt^n  ufe,  as  a  flave,  any  per-  pwfinganci  sel'- 
jfon  or  perCjns  that  fliatl  have  been  free  hi  any  chriftian  country,  jfland,  or  plantation,  or  Turk  or  Moor,  pefsOT^^to  pay 
in  amity  with  his  majefty,  fuch  importer  or  feiler  as  aforefaid  "lall   forfeit  and   pay,   to  the  party   from  the  party  in- 
\;^hom  the  faidfree  perfon  fhall  recover  his  or  her  freedom,  double  the  fum  for  which  fuch  free  perfon  J"'<^d  double 
was  fold  ;  to  be  recovered  in  any  court  of  record  within  this  Government,  according  to  the  courfe  of  '''^  *"""■ 
common  law,  wherein  the  defendant  fnall  not  be- admitted  to  plead,  in  bar,  any  a<a  or  ftatute  for  limita. 

tion  of  afkions  :  And  moreover,  fuch  importer  or  feller  of  any  fuch  free  perfon  as  aforefaid,  (hall  be  com- 
mitted until  he  enter  into  bond,  before  the  fard  court,  with  two  good  and  fufficient  fureties,  in  the  fum 
of  five  hundred  pounds,  flering  money  of  Great-Britain,  payable  to   our  fovereign  lord  the   king,  his  And  give  secu- 
heirs  and  fucceflbrs,  with  condition,  that  he  Ihall  and  do,  within  one  year  then  next  enfuing,  tranfport  "ty  to  cany 
^nd  land  (danger  of  the  feas  and  life  only  excepted,)  fuch  free  perfon  fold  by  him  as  a  flave  as  aforefaid,  f^"=^ ?-"<"» 
(if  he  or  fhefhall  fo  require  )  in  the  country,  ifland,  or  plantation  from  whence  he  or  fhe  Was  indireftly 
brought  as  aforefaid  j    and  fhall  produce  an  authentic  certificate  of  his  performance   thereof  to  the  faid 
court. 
"  XXIV.  ^ttd  be  itfurthir  enaEied  by  the  authority  afonfaidy  That  each  and  every  Juftjce  of  jthe  peace  for'  O"  complaint, 
the  fev era!  counties -vfc-ith in  this  Government,  are  hereby  empowered    and  directed,  upon  the  complaint  •'"^*''^,**'^*" 

r  1-      <    1     ■  •  1  r         n     !i  1        •  r  •  1  •     ^  1        1  ^"      .      niine  the  mat- 

of  any  perfon  who  now  is,  or  hereafter  Ihall  be,  imported  into  this  Government,   and  who  was  free  in  ter,  and  bind 
any  chriftian  country,  ifland,  or  plantation,  before  his  or  her  tranfportatioji  hither,  who  is  kept  or  fold  as  the  offender  to 
a  flave,  to  caufe  the  pretended  owner  of  fuch  perfon  complaining,  to  appear  before  him,  together  with  ^^^<=°'"'' 
fuch  evidence  or  evidences  as  fliall  be  material ;  and  after  examination  taken,  in  writing,  (hall  bind  them  j-g-  g 
over  to  appear  at  the  next  county  court  of  which  hs  is  ^  member,  where  the  faid  complaint  fiiall  be  heard        ' 
and  determined  without  any  formal  procefs  of  law. 
"  XXy.  Repealed  and  etkeruife  provided  for  by  aiit  Jan,  1,779,  Ch.  11. 

>XVI.  And  be  k  further  enaBtd  hy  the  authority  aforefaid.  That  if  any  perfon  fhall  hire  or  contrail  him-  Overseer  leav. 
felf  to  ferve  as  an  overfeer,    either  upon  wages  or  fliareof  the  produce,  with  any  perfon  or  planter  what-  "JfJj'V'f^'"^' 
foever  within  this  Government,  and  Ihall  abfent  himfelf  or  depart  from  the  fervice  of  his  mafter  or  mif-  feithis  wa-'es, 
trefs,  before  the  time  hiehlioned  in  his  agreement  or  contra,di  fliail  be  expired,  he  fiiall,  for  fuch  oifencej  ^  share, 
forfeit  his  right  and  title  to  his  wages,  or  {hare  of  the  produce. 

XXVII.  And  be  it  further  tnaSttd  hy  the  authority  fljorefaid.  That  if  any  petfon  or  prions  whatfoever.  Penalty  on  per- 
fliall,  dire£tly  or  indire£lly,  at  any  time  after  the  ratification  of  this  aft,  tempt,  or  peifuade  any  negro  *""*  tempting, 
or  negroes,  or  other  flave  or  flaves,  to  leave  his,  her,  or  their  mafter  or  miftrefs's  fervice,  out  of  an  in-  or  conceaHnf 
'tent  and  defign  to  carry  or  convey  away  him,  her,  or  them,  out  of  this  government,  or  fhall  harbour  or  any  slave,  to 
conceal  him,  her,  or  them,  for  that  intent  and  purpofe,  and  he  thereof  convifted,  by  his,  her,    or  their  '^°'^'^^^  J^'™  *• 
own  confeflTion,  or  the  oath  of  one  credible  witnels,  fuch  perfon  or  perfons  fliall,  by  the  two  next  Jufti-  '^*^* 
ces  of  the  peace,  be  con  mitted  to  gaol,  or  bound  over  to  the  next  court  to  beheld  for  the  county  where 
fhe  offeree  fhall  be  comm.itled   and  (hall  be  profecuted,  by  indiftment,  for  the   faid  offence  :   and  being, 
(hereof  lawfully  convi<3ed,  fhall,  by  the  faid  court,  be  adjudged  to  pay,  tothef  mafter  or  miftrefs,  for 
each  negro  or  other   flave  fb  enticed   or  perfuaded,  for  the   p\irpofe  aforefaid,  the  fum  of  twenty-five  ^nd  on  soch  as 
pounds,  proclamation  money,  or  the  value  thereof  j  to  be  levied  by  order  of  the  faid  court :  But  in  cafe  aaualh  conve/ 
the  party  offending  fhall  not  be  found  worth  lands,  gocds   or  chattels,  to  the  value  aforefaid,  then  the  faid  away  the  slavqf 
court  Ihall  adjudge  him,  her,  or  them,  to  ferve  the  owner  cf  fuch  flave  or  flaves,  or  his  afligns,  five 
years  ;    and  fo  deliver  him,  her,  or  them,  over  to  the  mafter,  miftrefs,  or  owner  of  fuch  flave  or  flaves, 
fo  tempted  or  perfuaded  as  aforefaid,  and  make  record  thereof:  But  if  any  perfonpr  perfon  fl-iall  fo  tempt 
and  prafticewith  any  negro  or  negroes,  or  other  flave  or  flaves,  and  him,  her,  or  them,  fo  tempted, 
■■  Vol.  I.-    ■    ••••   ••   '  •  .  ■■.«.., 


£2      n-H.   (hall  aftually  conrejr  away,  or  fend  out  of  this  Government,  and  be  afterwards  apprehended,   and  con-- 
U'nr'*^  Yi£led  thereof,  he,  (he,  or  th*y.   {hr.H  by  the  faid  court,  be  feverally  adjudged  and  condemned  as  guiltj^ 
of  feJony  ;  and  {hall  fufFer  accordingly.  3 

Peward  for  ta-  XXVIII.  And  for  encouragement  of  all  perfons  to  take  up  runaways,  Be  it  inaHed  hy  the  duthenm 
mg^  lip  runa.  njorefaid.  That  for  the  taking  up  fervants  or  flaves,  if  ten  miles,  or  under,  from  the  houfe  or  quarten 
•    *  where  fuch  fervant  or  flave  was  kept  there  (hall  be  allowed,  by  the  mafter,  if  known,  and  refiding  in  the' 

county,  if  not  by  the  public,  as  a  reward  to  the  taktr-up,  feven  fiiillings  and  fix  pence,  proclamation . 
money,  and  for  every  mile  above  ten,  three  pence,  over  and  above  the  faid  fum     which  faid  feveral  re- 
wards {hall  be  paid  by  the  churchwardens  of  the  parifh   where  fuch  taker^up  fliall  refide,  or  where  he 
fliall  bring  fuch  runaway  before  a  Jullice  of  the  peace  ;   and  ftiall  be  levied  again  by  the  thurchwardenf, 
of  the  faid  parifh,  upon  the  faid  mafter  or  owner  of  fuch  runaway,  for  reimburfement  of  the  fame  to  the 
parifh  :  and  for  the  graater  certainty  in  paying  the  faid  rewards,  and  reimburfing  the  parifh,  every  Juf- 
tice  of  the  peace  before  whom  fuch  runaway  (hall  be  brought,   upon  the  taking  tip,  fliall  grant  a  certifi- 
HowDa'd         cate  thereof,  in  which  he  fliall  mention  the  proper  name  and  furname  of thetaker-up,  and  the  county. 
of  his  or  her  refidence,  together  with  the  time  and  place  of  taking  up  the  faid  runaway,    and   ftiall    alfo, 
mention  the  name  of  the  faid  runaway  ;    and  the  proper  name   and  furname  of  the  mafter  or  owner 
of  fuch  runaway,  and  the  county  of  his  or  her  refidence,  together  with  the  diftance  of  miles,  in  the  faid 
Juftices  judgment,  from  the  place  of  taking  up  the  faid  runaway,  to  the  houfe  or  quarter  where  fuch 
runaway  was  kept     upon  producing  which  certificate  to  the  churchwaidens  of  the  parifh  where  the  fame  .' 
was  granted,  they  (hall  pay,  to  thetaker-up  of  fuch  runaway,  or  his  affigns,  the  reward  aforefaid  ;  and/ 
fhall  levy  the  fame  again  as  aforefaid :  But  if  it  fhould  happen,  that  the  mafter  or  owner  of  fuch  runaway  J 
fhould  not  refide,  or  have  efFefts  in  the  county  where  the  faid  certificate  fhall  be  granted  by  the  juftice  \ 
as  aforefaid,  the  faid  churchwardens  fhall  tranfmit  the  faid  certificate  to  the  sheriff  of  the  county  where  a 
the  owner  of  fuch  runaway  refides   or  hath  effefts  who  fhall  upon  receipt  thereof,  immediately  levy  the  I 
the  fame  upon  the  goods  and  chattels  of  the  mafter  or  owner  of  fuch  runaway,  and  return  the  fame  to  the  if 
churchwardens  aforefaid,  or  their  order  ;    any  law,  ufage,  or  cuftom  to  the  contrary  notwithftanding. 
Rofiaway  slave       XXIX.  And  he  it  further  enacted  by  the  authority  aforifaidy  That  if  any  negro  or  other  perfon,  who  fhall ' 
m«ter''^o  be*    ^^  ^^'^^^  "^  *^  ^  runaway,  and  brought  before   any  Juflice  of  the  Peace,  and  cannot  fpeak  Englifh,  or,! 
ccmmittetl  and  f^rough  obftinacy,  will  not  declare  the  name  of  his  or  her  owner,  fuch  Juftice  fhall,  in  fuch  cafe,  and  he,' 
notice  given  by  is  hereby  required,  by  a  warrant  under  his  hand,  to  commit  the  faid  negro  flave  or  runaway  to  the  gaol  of  i 
Sheriff,  &c       the  county  wherein  he  or  fhe  fhall  be  taken  up  ;  and  the  Sheriff,  or  Under  Sheriff,  of  the  county  into  whofe  \ 
cuftody  the  faid  runaway  fhall  be  comrnitted,  fhall  forthwith  eaufe  notice,  in  writing,  of  fuch  commitment, 
to  be  fet  up  on  the  court-houfe   door  of  the  faid  county,  and  there  continued,  during  the  fpace  of  two 
months  ;  in  which  notice,  a  full  defcription  of  the  faid  runaway,  and  his  cloathing,  fhall  be  particularly  fet 
down  ;  and  fhall  caufe  a  copy  of  fuch  notice  to  be  fent  to  the  Clerk  or  reader  of  each  church  or  chapel 
within  his  county,  who  are  hereby  required  to  make  publication  thereof,  by  fetting  up  the  fame  in  fome  o- 
pen  and  convenient  place,  near  the  faid  church  or  chapel,  on  every  Lord's  day,  during  the  fpace  of  tv^o 
Sheriff  fa  ling    months,  from  the  date  thereof  :  and  every  SheriflF  failing  to  give  fuch  notice  as  herein  is  dire£led,  fhall  for- 
to  give  ntitite,   feit  and  pay  five  pounds,  proclamation  money  ;  which  faid  forfeiture  (hall  and  may  be  recovered,  with 
to  fwfeu  a.      cofts,  in  any  court  of  record  in  this  government,  by  aft  ion  of  debt,  bill,  plaint  or  information,  wherein  no 
effoin,  privilege,  proteftion,  injundlion  or  wager  of  law,  fhall  be  allowed  :  the  one   moiety  whereof  fliall 
be  to  the  churchwardens,  for  the  ufe  of  the  parifh,  as  well  as  towards  the  defraying  the  charges  tliat  fhall 
arife  and  become  due  by  virtue  of  this  aft,  and  the  other  moiety  to  the  perfon  who  fhall  fue  for  the  fame. 
Owner  act  XXX.  And  be  it  further  enaSied  by  the  authority  aforefaidt  That  if  within  the  fpace  of  two  months,  the  ow- 

known  in  two  ner,  of  any  fuch  negro  flave  or  runaway  cannot  be  known,  or  doth  not  claim  the  fame,  that  the  Sheriff  of 
way  to'be  sent  ^^^  ^^''^  county  to  whofe  cuftody  fuch  runaway  fhall  be  committed,  fhall  caufe  tlie  faid  runaway  to  be  de- 
to  the  public  Hvered  to  the  next  conftaWe,  to  be  by  him  delivered  to  the  next  conftable,  and  fo  from  conftable  to  conftar 
^aol,  bie,  to  the  public  gaol  of  this  government,  after  fuch  manner,  and  to  receive  fuch  puniihment,  as  in  this 

aft  is  mentioned  and  direfted. 
Gaoler  may  XXXI.  And  be  it  further  enacted  by  the  authority  aforefaid^  That  when  any  negro  or  runaway  as  aforefaid, 

hive  him  out,     (hall  be  delivered  to  the  keeper  of  the  public  gaol  of  this  government,  by  virtue  of  this  aft,  and  his  or  her 
*^'  mafter  or  owner  cannot  be  known,  it  fhall  and  may  be  lawful  for  the  keeper  of  the  faid  gaol,  upon  his  ap- 

plication to  the  general  court,  or  the  neareft  county  court  to  the  faid  gaol,  or  to  any  two  Juftices,  out,of 
court,  Vr-ith  theconfent  of  either  of  the  faid  courts,  or  two  Juftices,  as  aforefaid,  to  Ifct  the  faid  negro 'wr 


f  una  way  to  hire,  to  any  perfon  or  perfoas  whom  they  fhall  approve  of,  for  fuch  fum  or  fums  of  money,  or  174!  1 .      63 
quantity  of  commodiiies,  and  for  inch  term  or  time,  as  they  {hall  dire£l  ;  and  that  out  of  the  money  or  Wx^vv,^ 
commodities  arifing  by  fuch  hire,  all  fees  relating  to  the  taking  up,  imprifonmcnt  and  conveying  to  gaol, 
and  charges  of  maintaining  fuch  negro  or  runaway,  (hall  be  firft  paid  and  difcharged,  and  the  overplus,  if 
any,  difpol'ed  of  as  fuch  court,  who  Ihall  order  the  faid  negro  or  runaway  to  let  out  to  hirej  (hall  direft. 

XXXII.  Provided  always  i  That  when  the  owner  of  fuch  negro  or  runaway  (hall  demand  the  fame,  tlie  Owner  appear- 
perfon  to  whom  fuch  negro  or  runaway  fliall  be  let  out  to  hire,  fhall  forthwith  deliver  him  or  her  into  the  '">?•  runaway 
Guftody  of  the  keeper  of  the  public  gaol,  and  fhall  then  alfo  pay  the  hire,  in  proportion  to  the  time  the  faid  (°  ^;  '^^j'^*'^®** 
runaway  hath  feived  j  and  the  keeper  of  the  faid  gaol  fhall  deliver  the  faid  runaway  to  his  mafter  or  owner,  ing  fee's.  ^  ^*^* 
he  or  fhe  paying  down  all  fees  and  charges  of  taking  up,  imprifonment,  conveying  to  gaol  and  maintain- 
ing fuch  runaway,  in  cafe  the  hire  of  the  faid  runaway  be  not  fufficient  to  fatisfy  the  fame. 

XXXIII.  And  be  it  further  enacted  by  the  authority  afore faid^  That  when  the  keeper  of  the  faid  public  eaol  J^""a  way  slave 
*•,.    ifci.  c  r     1  rr-if^  !•  y*  9        hired  out, 

fhall,  by  direction  of  fuch  court  as  aforefaid,  let  ©ut  any  negro  or  runaway  to  hire,  to  any  perfon  or  perfons  goaler  to  put 
whomfoever,  the  faid  keeper  (hall,  at  the  time  of  his  delivery,  caufe  an  iron  collar  to  be  put  on  the  neck  of  »«  "•on  collar 
fuch  negro  or  runaway,  with  the  letters  P.  G.  (lamped  thereon  ;  and  that  thereafter  the  faid  keeper  fhall  °"  '*'"' '  *"'* 

icLirrri-r-j  *  not  answerable 

not  be  anfwerable  for  any  efcape  of  the  faid  negro  or  runaway.  f^^  ^^  escape 

XXXIV.  And  be  it  further  enaBed  by  the  authority  aforefaidy  That  when  any  runaway  fervant  or  flave  fhall  Justices  to  or^ 
be  brought  before  any  Juflice  of  the  Peace  within  this  government,  fuch  Juftice  fhall,  by  his  warrant,  com-  '^^r  runaway* 
riiit  the  faid  runaway  to  the  next  conftable,  and  therein  alfo  order  him  to  give  the  faid  runaway  fo  many  '°^^  whipped, 
lafhes  as  the  faid  Juflice  fhall  think  fit,  not  exceeding  the  number  of  thirty  nine,  well  laid  on,  on  the  bare  from°cnns*able 
back  of  fuch  runaway  ;  and  then  to  be  conveyed  from  conftable  to  conftable,  until  the  faid  runaway  fhall  to  constable 
be  carried  home,  or  to  the  public  gaol  as  aforefaid.  home,  &c. 

XXXV.  And  be  it  jurther  enaSledy  That  every  conftable  fhall,  on  his  receipt  of  fuch  runaway  give  a  re-  Constable  re. 
ceipt  for  him  or  her  \  and  that  every  conftable  failing  to  execute  fuch  warrant,  according  to  the  tenor  there-  ^"^'"S  *°  ^on- 
Qf,  or  refufing  to  give  fuch  receipt,  fhall  forfeit  and  pay  twenty  fhillings,  proclamation  money,  or  the  value  feit  203!* 
thereof  in  bills,  to  the  churchwardens,  for  the  ufe  of  the  parifh  wherein  fuch  failure  fhall  be  ;  to  be  reco-  Corporal  pun- 
yered  by  a  warrant  under  the  hands  of  any  two  Juftices  within  the  county  where  fuch  conftable  fhall  re-  'shment  not  to 
fide  :  and  fuch  corporal  punifhment  fhall  not  deprive  the  mafter  or  owner  of  any  runaway  fervant  of  the  '^^P'^*  *« 
pther  fatisfa£lion  herein  by  this  a£l  appointed  to  be  had  of  fuch  fervant,  for  his  or  her  running  away.         satisfaftian!  '' 

XXXVI.  And  be  it  Jurther  enaBedby  the  authority  aforefaid^  That  if  any  Sheriff,  Under-SherifFor  Conftable,  Sheriffs  &c. 
Ihall  fet  to  work,  employ  or  let  out  to  hire,  without  order  of  court  as  aforefaid,  any  runaway  fervant  or  employing  ran. 
flave  committed  to  the  cuftody  of  any  of  them,  or  fhall  detain  fuch  runaway  longer  in  his  or  their  cuftody  *™^Y'  °'"  ^^^?- 
than  by  this  a<2;  is  dire£led,  he  or  they  fo  offending,  fhall  forfeit  and  pay  five  pounds,  proclamation  money  ;  than  this  adfdi. 
to  be  recovered,  in  any  court  of  redord  in  this  government,  by  adlion  of  debt,  bill,  plaint  or  information,  refts,  to  for- 
whereinno  effoin,  proteflion,  privilege  or  wagef  of  law,  fhall  be  allowed  :  one  moiety  whereof  to  be  paid  ^^^^  ^^' 

to  the  churchwardens,  for  the  ufe  of  the  parifh  where  the  offence  fhall  be  committed,  and  the  other  to  him  cu    o-  ». 
or  them  who  fhall  fue  for  the  fame  .•  and  if  any  Sheriff,  or  his  Under-Sheriff,  or  any  Conftable,  into  suffering  rwa- 
•whofe  hands  any  runaway  fervant  or  flave  fhall  be  committed,  by  virtue  of  this  a£l,  fhall  negligently  or  way  to  escape, 
wilfully  fuffer  fuch  runaway  to  efcape  the  faid  Sheriff,  Under-Sheriff  or  Conftable,  he  or  they  fhall  be  li-  ''*'''^' 
able  to  the  aclion  of  the  party  grieved,  for  recovery  of  his  damages,  at  the  common  law,  with  cofts. 

XXXVII.  And  be  it  further  enaSied  by  the  authority  aforefaid.  That  all  and  every   the  Conftables   within  Constab'es  ex- 
diis  government,  for  their  encouragement  to  perform  their  duty  be,  and  they  are  hereby,  for  the  future,  ^i^ptedfrcm 
exempted  from  the  payment  of  all  public,  county  and  parifh  levies,  for  their  own  perfons,  during  their  P*^'"^  'evies. 
continuance  in  office  ;  and  that  tlie  keepers  of  ferries  within  this  government,  fhall  give  immediate  paf-  Ferry  keepers 
fage  to  all  conftables,  and  their  afliftants,  charged  with  conducing  any  runaway  or  runaways,  either  to  ^°  S^ve  passage 
the  public  gaol,  or  to  fuch  runaway  or  runaway's  mafter  or  owner,  without  charging  fuch  conftable,  or  their  *°.<=°""*'''e* 
affiftants,  for  the  ferriage,  either  going  or  returning  :  but  all  fuch  ferriages  of  Conftables,  and  their  affiftants  p  '  /""*ways. 
fhall  be  paid  by  the  churchwatdens  of  the  parifh  where  fuch  ferry-keepers  refpe(flively  live,  and  levied,  as  b/'^the^Church 
aforefaid,  upon  the  refpedlive  mafters  or  owners  of  fuch  Runaways.  wardens. 

XXXVIII.  And  be  it  further  enaSedby  the  authority  aforefaid,  Th^t  irom  and  after  the  publication  of  Sheriffs  &  gaoU 
this  a£l,  the  fees  and  allowances  of  the  faid  Sheriffs  and  gaolers  be  as  followeth  •,  that  is  to  fay,  for  the  ^fs'  fees, 
commitment  of  every  fuch  negro  or  runaway  to  any  county  gaol,  the  Sheriff  fhall  be  paid,  for  his  fee,  the  2, 1784, 7, 
film  of  two  (hillings  and  fix  pence,  proclamation  money,  and  for  the  keeping  or  maintaining  him  or  her  in  ^°^-  2»  15& 
gaol,  for  every  twenty  four  hours,  the  fum  of  fix  pence,  and  for  his  or  her  releafement,  the  funi  of  two  fhU- 


€4-     1741 .  Jings  and  fix  pence, ;  an3  that  the  keeper  of  the  puhlic  gaol  of  this  government,  for  the  comnikment  of  e-» 

t,rf»-v>«J  very  fuch  negro  or  runaway,  ftiallbepaid  the  fum  of  two  fliillings  and  fix  pence,  proclamation  money,  and 

for  his  or  her  keeping  in  gao',  every  twenty  four  hours,  the  fum  of  fix  pence,  proclajnation  money,  and  for, 

SheriflForgao-  his  or  her  releafement,  the  fum  of  two  {hillings  and  fix  pence,  proclamation'  money,  and  no  more  :  and  if 

ler  taking  ^       jjpy  Sheriff,  in  any  county  of  this  government,  or  keeper  of  the  public  gaol,  (halldemand  or  take  any  greater 

forfeit  20s/and  ^^^  '^'^  allowance  than  is  hereby  before  appointed  and  allowed,  for  the  fervices  and  rnaintcnance  aforefard, 

icfiwd.  or  any  of  them,  he  or  they  fo  offending  fliail,  for  every  offence,  forfeit  and  pay  to  the  pa^ty  grieved,  the  fum 

of  twenty  fhillings,  proclamation  money,  and  fhall  alfo  refund  and  pay  back  to  the  parties,  fuch  fum  of 

money  which  fuch  Sheriff  or  gaoler  fhall  receive  and  take,  over  and  above  the  fees  and  allowances  herein 

before  appointed  ;  which  faid  forfeiture  of  t\*-enty  fhillings,  fhall  and  may  be  recovered  by  a  warrant  froa] 

any  Juflice  of  the  Peace  of  tlie  county  where  fuch  offence  fhall  be  committed 

AVhsn  runa-  XXXIX.  And  be  it  further  enaBed  by  the  authority  aforejaidf  That  when  any  negro,  or  qthey  runaway, 

ways  belong      whofe  owner  is  fuppofed  to  be  refident  in  any  other  province,  fhall  be  committed  to'  any  public  gaol  of  thig 

vemnf'  u*       government,  the  keeper  of  the  faid  gaol  fhall,  by  the  firfl  opportunity  after  fuch  commitment,  fend  a  def- 

gaoler  to  ad-      cription  of  fuch  negro  or  runaway,  together  with  the  account  of  the  time  of  the  commitment,   and  the 

vertise  in  the     county  where  fuch  runaway  is  comnaitted,  to  the  prefa,  to  be  advertifed  in  the  Virginia,  or  South-Caroli- 

s"^c**'r     na  Gazette  J  for  which  he  fhall  be  reimburfed  by  tke  owner  of  the  faid  Have  or  runaway. 

gazette.  XL.  And  be  it  further  enaSied  by  the  authority  aforefaidy  That  no  flave    fhall  go  armed  with  gun,  fword, 

Slaves  not  to     club  or  Other  weapon,  or  fhall  keep  any  fuch  weapon,  or  fhall  hunt  or  rang^  with  a  gun  in  the  woods; 

go  armed,  &c.    upon  any  pretence  whatfoever,  (except  fuch  flaye  or  Have?  who  flball  have  a  certificate,  as  is  herein  after 

provided  })  and  if  any  flave  fhall  be  found  offending  herein,  it  fhall  and  may  be  lawful  for  any  perfon  or 

Offenders  ta-     perfons  to  feize  and  take,  to  his  own  ufe,  fuch  gun,  fword  or  other  weapon,  and  to  apprehend  and  deliver 

arms  taken'"^     inch,  flave  to  the  next  conftable,  who  is  enjoined  and  required,  without  further  order  or  warrant,  to  give 

and  whii)ped,  fuch  flave  twenty  lafhes,  on  his  or  her  bare  back,  and  to  fend  him  or  her  home  ;  and  the  mafler  br  owner 

^f"     ^  of  fuch  flave  fhall  pay  to  the  taker-up  of  fijch  armed  flave,  the  fame  reward  as  by  this  ait  is  allowed  for 

takmg  up  oi  runasyays. 
One  slave  on  a      XLI.  frpvit^d  altuays.  That  nothing  in  this  a£t  fhall  be  conftrued  or  extended,  to  prohibit  or  debar  any 
jHantation  ex-   niafter  or  owner  of  any  flave  or  flaves  within  this  government,  from  employing  atty  one  flave  in  each  and 
'^  ^  ^  every  diftinft  plantation,  from  hunting  in  the  woods  pn  their  paafter's  l*nd$  with  a  gun,  to  preferye  his  or 

her  flock,  or  to  kill  game  for  his  or  her  family. 
Sych  slave  to  XLII.  Provided  alfo,  That  fuch  maimer  or  owner  fhall  firfl  deljver  intp  the  county  court,  an  account,  in 
cate'^&cr"^'  writing,  of  the  name  of  any  fuch  flave  to  be  employed  as  aforefaid  ;  and  the  chairman  of  the  court  fliall 
fign  a  certificaj;e  that  fuch  flave  is  allowed  tq  carry  a  gun,  and  hunt  in  the  woods  on  his  mafler  or  rfuflrefs'^ 
lands  :  and  thij  raafler^  mifl:refs  or  overfeer,  of  fuch  fl.;iv»  fhall  give  him  the  faid  certificate,  which  fuch 
flave  fhall  always  carry  about  him,  on  pain  <?f  being  apprehended  and  punjfhed  a«  aforefaid  :  any  thing 
herein  before  contained  to  the  contrary,  notwithiianding,     '      "         ..■■..,    ^         .     .  , 

Slavesnsttogo  XLIfl.  And  be  it  further  enacted  by  the  authority  aforefaid,  That  no  flave  fliall  go  from  off  the  plantation 
on  wftblut'^*'  or  feat  of  land  where  fuch  flave  fhall  be  appointed  to  live,  without  a  certificate  of  leave,  in  writing,  for  fo 
leave,  (livery    doinsr,  from  his  or  her  mafter  or  overfeer  (negfoes  wearing  liveiies  always  excepted.) 

slaves  except-        XLI  V-  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  no  flaye  fhall  be  permitted,  on  any  pretence 

'^''■^  whatfoever,  to  raife  any  horles,  cattle  or  hogs  ;  and  all  horfes,  cattle  and  hogs,  that,  fix  motiths  from  the 

fifse*hor°M*     ^'^'^^  hereof,  fhiU  belong  to  any  flave  or  of  any  flave'^  mark  hi  this  government,  fliall  be  feizcd  and  fold  by 

caule  or  hogs,   the  churchwardens  of  the  parifli  where  fuch  horfes,  cattle,  or  hogs,  fliall  be.  and  the  profit  jtjiereof  be  ap'- 

^c.  plied,  one  half  to  the  ufe  of  the  faid  parifli,  and  the  other  half  to  the  informer.  "       ' 

2. 1779,  5.  XLV.  And  vvhereas  many  times  flaves  run  a^ay,  ?nd  lie  out  hid  ijnd  luiking  in  fwamps,  woods  and  other 

Slaves  outlaw-  obfcure  places,  killing  cattle  and  hogs,  and  committing  other  injuries  to  the  inhabitants  of  ):his  government : 

Be  it  therefore  enaSled  by  the  authority  aforefaid.  That  in  all  fuch  cafes,  upon  intel  igence  of  any  flave  br  flaves 

lying  out  as  aforefaid,  any  two  Juftices  of  J:he  Peace  for  the  county  wherein  fuch  Ijave  or  flaves  is  or  are 

fuppofed  to  lurk  or  do  mifchief,  fhall,  and  they  are  liereby  impowered  and  required,  to  iflue  proclamation 

againfl:  fuch  flave  or  flaves,  (reciting  his  or  their  napie  or  names,  and  the  name  or  names  of  the  owner  or 

owners,  if  known)  thereby  requiring  him  or  them,  and  every  of  t'hem,  forthwith  to  furrender  him  or  them- 

felves  -,  and  alfo,  to  impower  and  reqpire  the  Sheriff  of  the  faid  county  to  take  fuch  power  with  him  as  he 

ihall  think  fit  and  neceflkry,  forgoing  in  fearchanri  purfuitof,  and  efieSlually  apprehending,  fuch  outlying 

flave  or  flaves  j  which  proclamation  flaall  be  publifhed  on  3  Sabbath  day,  at  tlie  door  pf  every  chprchot 


I^hapel,  or  for  want  of  fuch,  at  t|ie  place  where  /livlne  fervice  faall  he  performeii  in  the  faid  county,  by    174.!.     g,; 
,^he  panfh  clerk  or  reader,  immediately  after  divine  ferviccj  and  if  any  flave  or  flaves  againft  whom  pro-  («,*-v-v^ 
clamation  hath  "been  thus  iiTued,  ftay  out  and  do  not  immediately  return  home,  it  fhall  be  lawful  for  any 
perfon  or  perfons  whatfoever,  to  kill  and  deftroy  fuch  flave  or  flaves,  by  fuch  ways  and  means  as  he  or  the 
jfliall  think  fitj  withour  accufation  or  impeachment  of  any  crime  for  the  fame, 
"KLVl.  Repealed  by  aa,  Nov.   1T86,  f/j,  17. 

t^jLVII,  And  be  it  further  enaBed  by  the  authority  aforefaid^  That  if  any  number  of  negroes  or  other  flaves.  Conspiracy  o? 
tliat  is  to  fay,  three,  or  more,  fhall,  at  any  time  hereafter,  confult,  adyjfe  or  confpire  to  rebel,  or  make  in*  '''^^'-'^  '*'=•  f»- 
furredlion,  or  fhall  pl9t  or  confpire  the  murther  of  any  perfon  or  perfons  whatfoever,  every  fuch  confuUing,  '^"^' 
plotting  or  confpiring,  fhall  be  adjudged   and  deemed  felony  ;  and  the  flave  or  flaves  convidled  thereof,  in  ^"'  "'  '^'^^' 
manner  herein  after  direiSted,  Ihall  fuffer  death. 

XL  VIII.  And  be  it  further  enaBed  by  the  authority  aforefaidy  That  every  flave  committliig  fuch  ofFence,  i^-  \  t  \  ., 
or  any  other  crime  or  mifdemeanor,  Ihall  forthwith  be  cominitted,  by  any  Juftice  of  the  peace,  to  the  com-  (kc.  ^' 

riion  jail  of  x^o.  county  within  which  the  faid  offence  (liall  be  committed,  there  to  be  fafely  kept ;  and  1783  14. 
that  the  fheritJ  of  fuch  county,  upon  fuch  commitment,  (hall  forthwith  certify  the  fame  to  anv  Juf-  Vol.  2,38  5» 
tice  in  the  commiflion  for  the  faid  court  for  the  time  being,  refident  in  the  county,  who  is  thereupon  re- 
quired and  direfted  to  ifl"ue  a  fummons  for  two  or  more  Juftices  of  the  faid  court,  and  four  freeholders, 
fuch  as  {hall  have  flaves  in  the  faid  county ;  which  faid  thr.ee  Juftices  and  four  freeholders,  owners  of 
flave?,  are  hereby  impowered  and  required  upon  oath,  to  try  all  manner  of  crimes  and  offences,  that  (hall 
be  cotnhaitted  by  any  flave  or  flaves,"  at  the  court-houfe  of  the  pounty,  and  to  take  for  evidence,  the  con- 
feflSon  of  the  offender,  the  oath  of  one  or  more  credible  witnefl"es,  or  fuch  teflimony  of  negroes,  mulattoes 
or  Indians,  .bond  or  free,  with  pregnant  circumftancesj  as  to  them  fhall  feem  convincing,  without  the  fo- 
lemnity  of  3  jurjr  ;  aad  the  oflender  being  then  found  guilty,  to  pafs  fuch  judgment  upon  fuch  offender, 
according  to  their  difcretion,  as  the  nature  pf  the  crime  or  offence  fhall  require  ;  and  on  fuch  judgment, 
to  award  execution. 

XLIX.  Provided  ahvayiy  anttie  it  enaBed,  That  it  (hall  and  may  be  lawful  for  each  and  every  Juftice,  Ail  justices 
being  in  the  commiffion  of  the  peace  for  the  county  where  any  flave  or  flaves  (hall  be  tried,  by  virtue  of  "**>'  '^'* 
this  a£l,  (who  is  owner  of  flaves)  to  fit  dpon  fuch  trial,  and  adi  as  a  member  of  fuch  court,  though  he  or 
they  be  not  fummoned  thejretp  :  any  thing  herein  before  contained  to  the  contrary,  in  any  wife,  notwith- 
ftanding.   " 

ii.  And  to  the  end  fuch  negro,  mulatto  or  Indian,  bond  or  free,  not  being  chriftians,  as  fhall  hereafter  Punishment  of 
be  produced'  as  an  evidence  on  the  trial  of  any  flave  or  flaves,  for  capital  or  other  crimes,  may  be  under  the  nfigiroes,  &c. 
greater  obligation  to  declare  the  truth  ;  Be  it  further  enaBed,  That  where  any  fuch  negro,  mulatto  or  In-  S'^'."S  fa's* 
dian,  fcond  or  free,  {hall,  upon  due  proof  mfide,  or  pregnant  circumftances,  appearing  before  any  county 
court  within  this  government,  be  found  to  have  given  a  falfe  teftimony,  every  fuch  offender  fhall,  without 
further  trial,  be  ordered,  by  the  fatd  txmrt,  to  have  one  ear  nailed  to  the  pillory,  and  there  ftand  for  the 
fpace  of  one  hour,  and  the  faid  ear  to  be  cut  off,  'and  thereafter  the  other  ear  nailed  in  like  manner,  and 
cut  off,  at  the  expiration  of  one  other  hour  ;  and  moreover,  to  order  every  fuchpffender  thirty  nine  lafhes, 
wejl  laid  on,  on  his  or  her  bare  back,  at  the  common  whipping  poft. 

Li.  And  be  it  further  enaBed  by  the  authority  aforefaid,  1  hat  at  every  fuch  trial  of  flaves  committing  capi-  Chairman  to 
tal  or  other  offences,  the  firft  perfon  in  commiftion  fitting  on  fuch  trial,  fhall,  before  the  examination  of  e-  ^^".''0"  s^aye 
very  negro,  mulatto  or  Indian,  not  being  a  chriftian,  charge  fuch  to  declare  the  truth.  ny^.'"^  'estimo- 

LII.  Provided  always,  and  it  is  hereby  intended.  That  the  matter,  owner  or  overfeer  of  any  flaVe,  to  be  ar-r  Owner,  &c, 
laigned  and  tried  by  virtue  of  this  aft,  may  appear  at  the  trial,  and  make  what  juft  defence  he  can  for  fuch  may  appear, 
flave  or  flaves  ;  fd  that  fuch  defence  do  not  relate  to  any  formality  in  the  proceeding  on  the  trial.  ^^  defend. 

lAll.  Repealed  by  aB,l>!ov.  1186,  ch.n. 

LI  V.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  if  in  the  difperfing  any  unlawful  affemblies  Tn  certain  in- 
of  rebel  flaves  or  confpirators,  or  feizing  the  arms  and  ammunition  of  fuch  as  are  prohibited  by  this  adt  to  ^^^?'^^'  f^^^ 
Iceep  the  fame,  or  in  apprehending  runaways,  or  in  correftion  by  order  of  the  county  court,  any  flave  fhall  i^ge/l?;* 
happen  to  be  killed  or  deftroyed,  the  court  of  the  county  where  fuch  flave  ftiall  be  killed,  upon  application 
of  the  owner  of  fuch  flave,  and  due  proof  thereof  made,  (hall  put  a  valuation,  in  proclamation  money  upon 
fuch  flave  fo  killed,  and  certify  fuch  valuation  to  the  next  felEon  of  Affembly  \  that  the  faid  Alfembly  may 
make  fuitable  allowance  thereupon,  to  the  matter  or  owner  of  fuch  flave. 

Vol.  L  S 


6G      1741.        L  V.  Provided  always i  and  be  it  further  enacted,  That  nothing  herein  containedj  fliall  be  conftraed,  deemed 
•o'-v'O  or  taken,  to  defeat  or  bar  tlie  aftion  of  any  perfon  or  perfonj,  vrhofe  Have  or  flaves  (hall  happeji  to  be  killed 
Other  persons   by  any  other  perfon  whofoever,  contrary  to  the  dire£lions  and  trae  intent  and  nieaning  of  this  adl ;  but  that 
',  r  rrav"'    ^'^  ^      every  owner  or  owners  of  fuch  flave  or  flavds^  fliall  and  may  bring  his,  her  or  their  action,  for  re- 
have  his  aaion.  covery  of  damages  for  fuch  flave  or  flaves  fo  killed. 

Manner  in  LVI.   And  be  it  further  ena£ledb<f  the  authority  afore/aid,  Thatttd  nigro  6r  rriatatto  flaves  fhall  be  feft  free, 

which  alone  upon  any  pretence  whatfoever,  except  for  meritorious  fervices,  to  be  adjudged  and  allowed  of  by  thef  couh* 
«M^ftee"*^  *y  court,  and  licence  thereupon  firft;  had  and  obtained  :  and  that  vj-here  any  flave  fliall  be  fet  freeljy  his  or 
Bond  aiidsecu-  her  maflier  or  owner,  otherwife  than  is  herein  before  direfted,  it  fliall  and  may  be  lawful  fot  the  church- 
rity.  wardens  of  the  parifli  wherein  fuch  negro,  mulatto  or  Indian,  fliall  be  foiindj  at  the  expiration  of  fix  months^ 

^"1^°^  °J^'°i  "^^*^  ^^'■^'^  '^^^  ^^  ^^"^  being  fet  free,  and  they  are  hereby  authorifed  and  required,  to  take  up  and  fell  the  faid 
those  s«  free    "^g^o,  mulatto  cr  Indian,  as  a  flave,  at  the  next  couit  to  be  held  for  the  faid  county,  at  public  vendue  ; 
otherwise.        and  the  monies  arifing  by  fuch  fale,  fliall  be  appHed  to  the  ufe  of  the  parifli^  by  the  veftry  thereof  :  and  if 
'^'  1^70*  f?       ^"y  n^g^'o.  mulatto  or  Indian  flave,  fet  free  otherwife  than  is  herein  direfted,  fhall  depart  this  province, 
J778  30    '      within  fix  months  next  after  his  or  her  freedom,  and  fhall  afterwards  return  into  this  government,  it  fliall 
Vol.  2.  88, 179.  and  may  be  lawful  for  the  churchwardens  of  the  parifli  where  fuch  negro  or  mulatto  (hall  be  found,  at  the 
expiration  of  one  month,  next  after  his  or  her  return  into  this  government  to  take  up  fuch  negro  or  mulat- 
to, and  fell  him  or  them,  as  flaves,  at  the  next  court  to  be  held  for  the  county,  at  public  vendue  ;  and  th^ 
monies  arifing  thereby,  to  be  applied,  by  the  veftry,  to  the  ufe  of  the  parifli}  as  aforefaid* 
LVII.  Not  now  in  force. 
Repealing  LVIII.  And  be  it  further  enacted,  by  the  authority  aforefaid.  That  all  and  every  otheif  a£i  and  ads,  and  every 

clause,  claufe  and  article  thereof  heretofore  made,  fo  far  as  relate  to  fervants  and  flaves,  or  to  any  other  mattet  or 

thing  whatfoever,  within  the  purview  of  this  a£l,  is  and  are  hereby  repealed  and  made  void,  to  all  intents 
and  purpofes,  as  if  the  fame  had  never  been  made. 

THE  TITLES   OF  THE  PRIVATE   ACTS. 

12  An  aA  forapppointing  and  laying  out  a  town  on  6r  near  Mit-  building  a  church  at  Newberh,  to  ereA  the  sim^,  and  t<f 

tarn's  point,  on  the  south  side  of  New  River,  in  Onslow  empower  them  to  demand  and  receive,  of  any  person  or 

county,  by  the  name  of  Johnston.  persons,  all  parish  levies  already  laidaridnot  appropriate 

19  An  a&  the  better  to  enable  the  commissioners  appointed  for  ed ;  and  for  other  purposes  therein  mentioned. 

Signed  by  GABRIEL  JOHNSTON,  Elij*  ^mrrttf* 
William  Smith,  Prsfident^ 


2,1741.  67 


Gabriei, 


At  ia  Geueral  Assembly,  held  at  Wilmington,  in  the  Year  of  our  Lord  One  joh" 


ST&N, 


Thousand  Seven  Hundred  and  Forty-one.  es<i.  Governor. 


AhaEi  for  ereB'wg  the  upper  pari  of'Bert'ucoutft'^  into  a  county,  by  the  name  of  Northampton  county;  and  for  CHAP.   I. 
regulating  the  limits  between  Society  parip,  and  the  northivef  parifh  of  Bertie  ;  and  J  or  removing  the  feat  of  1755, 9. 
Birtie  county  court. 

WHEREAS  the  county  of  Bertie  is  very  extenfive,  and  its  inhabitants  more  numerous  thaa  any 
county  in  this  province  ;  which  renders  the  public  bufinefs  of  the  faid  county  very  difficult  to 
be  tranfadied  :  Foir  remedy  whereof, 

II.  We  pray  that  it  may  be  enafted,  <7«rf  ^«  «V  enaUed,  by  his  Excellency  Gabriel  JohnJloHy  Efq  ;  Governor^  by  Northampton 
nnd  with  the  advice  and  confent  of  his  Majefly's  Council  and  General  JJfembly  of  this  province^  and  it  is  hereby  en-  «f«fed. 
nSfedbythe  authority  (fthefamci  That' that  part  of  Bertie  county,  which  lieth  north  and  well  of  Sandy  run, 

and  in  a  dire£t  line  from  the  head  of  the  faid  run,  to  the  head  of  the  Beaver-dam  fwamp,  and  down  the 
faid  fwamp  and  Meherrin  creek  and  river,  be,  and  is  hereby  erefted  into  a  county,  by  the  name  of  North- 
unpton  county  ;  and  that  the  faid  bounds  ftiali>  henceforward,  be  the  limits  between  Society  parifli,  and 
die  northweft  parifh  of  Bertie. 

III.  Andheit further  enadled by  the  authority  aforefsid, thzt  {torn  and  after  the  paffing  of  this  aft,  the  Invested  with 
faid  county  of  Northampton  fhall  be  invefted  with  as  full  and  ample  powers,  privileges,  advantages,  and  *'•  Po^ei-s.  &c. 
mmunities,  ds  any  other  county  in  this  province ;  faving  only,  that  the  faid  county  fhall  fend  to  all  aflem-  ties?'  "  *^°""* 
jlies    after  the  diflblution  of  this  prefent  Aflembly,  two  reprefentatives,  and  no  more. 

The  remaining  fix  feSlions  of  this  off  are  either  of  a  temporary  or  a  private  nature^  or  have  been  fmce  altered 
»jf  the  conftitutim  of  1^76,  erfuhfequtnt  aSts  «f  AffemUy> 

4ntili  to  eftablifbporttt  or  places  of  delivery  of  merchandifes  imported  in^  and  exported  out  of  this  province  \  and  CHAP.  2. 
t9  frtvttlt  the  clatidefline  running  of  uncuftomed  and  prohibited  goeds^  in  the feveral parts  thereof.  Rep.  1745,  4. 

Signed  by  GABRIEL  JOHNSTON,  Efq.  Gevemir, 
Natha8kil  Rice,  Ptef$dent, 
ioHM  HoDQSQN^  Speai^t 


eS     17*3. 

■ ■■■■HTl '  '      '  • 


SHKSS 


CTWf—HUMJIIIW— 


Assembly 

CHAP.   2- 

Frovided  for  by 
subsequent  a£ia< 

CHAP.  4. 


c.B«EL       At  a  General  Assembly,  held  at  Edenton,  the  second  Day  of  April,  in  t^ 
E.^'Twemor.        Year  of  our  Lord  One  Thousand  Seven  Hundred  and  torty-  three.     ' 

.„*•  1  An  aa  to  regulate  eUBknt  for  wmiert  U  ferve  \n  General  Apmh^for^he  feveral  counties,  to  declare ^h /li 
i^^:J/  u  h^Jalihedto  vote  inthe  raideUmons,  or  be  eUaed  a  member  of  the  General  A/fembls  for  any  ofthefatdcc. 
rrconlS-'^  tr-^;:ISrLX/.^.  .*/.;..i  .>  taking  thepoU  a/tbejiveral  eUa^ons  in  the  countus  andto^^nsy 
P"l"or      thisprovince. 

An  aafor  obtaining  an  e.aa  lift  ofta.ables,  and  for  the  effeaual  colUaingas  well  ^11  arreai^s  of  taxes,  as  K 
•^  6  J    •'t^hertaxes,  for  the  future  due  and  payable. 

An  aato  afcertain  -what  AUornies  fees  fhall  he  taxed  and  all<med,  in  any  fuit  or  aaion,  brougU  in  any  c^ 
AiiK.»>,.«fh  cottrts  of  record  tn  this  province.  ■  '  « 

SonVrotif  A  ND  be  it  further  enaaed  by  the  authority  aforefaid,  That  if  any  praaxfing  -"<>'^"«J '^/^y'^^J 
ed  forb^ubse-    A  '\^^j,  -J^^^,        i„ce.  fhall  negleft  to  perform  his  duty  in  any  aftion  m  which  he  A?^"  b^ 

mittmg  fraudu-    °.  ,         a       rr  -^  f 

lent  practices,    with  cofts  of  tuit. 

liable  to  double  damages.  •  .      ^  .  •        r.iv    ^..^....^^     <>«/<l 

CHAP.  5.       W«  a(l  for  providing  proper  magazines  of  ammunition  in  the  fiver. UountHS  of  thts  province,  tm^ 
CHAP.  o.       AnufifOTp  Bt    f       ^   ^^j^^yi„g  Ike  charge  tkertof     OBS.  f 

design  cf  this      ^^^^  gate  at  ^(lentm- 

publication.  • 

THE   Tlli-pei    THE    PRIVATE    ACTS. 

3  An  .a  to  empower  t)^  Justices  of  Beauic^t  count,   -  U.|d  7  An  »J  J^^^^^^^ -;'ty:::^%S^^;,^^^ 

pi  the  inhiSitants  paying  their  t^xes  »nd  levies. 

-  gigned  by  QABRIEL  JOHNSTON,  Efq.  GoverrM 

Nathaniel  Rice,  Prejdent, 
jSamuel  Swann,  Speaker, 


1745.      69 


— T35r 


Gabrtel 

At  a  Geiicral  Assembly,  held  at  Newbcrn,   the  Twentieth  Day  of  April,  in  Johnston, 
the  Year  of  our  Lord  One  Thpusand  Seven  Hundred  and  Forty -five.  "^'  °^*'"°'"' 


An  aBJoT  laying  a  lax  j or  finking  the  now  currtnt  bills  oj  credit.  chap.  1; 

l^ep.  1,  1748,  10, 
An  additional  a3  to  an  aSt,  entitled.  An  a£l  for  appointing  fherifFs  in  the  room  of  marflials  of  this  province,  chap.  2. 
for  prefcribing  the  method  of  appointing  them,    and  limiting   the  time  of  their  continuance  in  office,  Not  how  in 
and  dire£ling  their  duty  therein ;  and  for  abolifhing  the  office  of  provoft-marflial  of  this  province  ;  and  force. 
for  altering  the  names  of  the  preciadjts  into  counties.  2'  ^'^'^'^>  ^• 

An  additifual  aB  to  an  act,  entitled,  An  a£t  to  prevent  killing  deer  at  unfeafonable  times,  and  for  putting  chap.  3. 
a  ftop  to  many  abufes  committed  by  white  perfons,  under  pretence  of  hunting.  Ante,  p.  49. 

WHEREAS  by  the  before  recited  zGt,  it  is,  among  other  things,  ena<a;ed,  that  it  ftiall  not  be  law-  Y^^Jf}^\-. 
ful  for  any  perfon  to  kill  or  deftroy  any  deer,  running  wild  in  the  woods  or  uufenced  grounds  '  '  "*  ' 
m  this  Government,  by  guns,  or  any  other  ways  or  means  whatfoever,  between  the  fifteenth  day  of 
February,  and  the  fifteenth  day  of  July,  yearly,  arid  in  each  year,  after  the  ratification  of  the  said  ^Q. ; 
and  that  any  perfon  convidled  of  the  fame,  fhall  forfeit  and  pay  the  fum  of  five  pounds,  current  money  : 
and  whereas  it  appears,  that  the  allowing  liberty  of  kijling  deer  in  fenced  grounds,  and  inclofures  at  fuch 
fe3rwis,  has  given  room  to  feveral  perfons  to  evade  the  faid  law : 

II.  WE  therefore  pray  that  it  may  be  enabled,  Jndk  it  ettaBed  by  his  Excellency  Gabriel  Johnston,  Esq,  Penalty  on  per- 
Governor,  by  and  ivith  the  advice  and  confentof  his  Majefy's  Council,  and  General  jifftmbly  of  this  province,  and  ^^^     ""^ 
it  is  hereby  enaBed  by  the  authority  of  the  fame.  That  if  any  perfon  ftiall  be  convi£led  of  killirg  deer,  or  hav- 
mg  venifon,  or  a  green  deer  (kin  or  Iklns,  in  his  houfe,  camp,  or  pofl'effion,  between  the  fifteenth  day  of 
1  February,  and  fifteenth  day  of  July,  yearly  after  the  ratification  of  this  a£l,  he  (hall  forfeit  and  pay  the  fum 
j  of  forty  ftiiJlings,  proclamation  money  ;  to  be  recovered  and  applied  as  herein  after  is  (directed. 
I        III.  Provided  nevtrthelefs,  That  nothing  in  this  aft  (hall  be  cciiftrued,  to  extend  to  convi£l:  any  perfon  Provlsa. 
I   or  perfons  of  the  faid  forfeiture,  in  whofe  houfe  any  venifon,  green  Ikin  or  flcins,  fliall  be  found,  which 
j    hath  been  left  in  fuch  houfe  witliout  the  knowledge,  privity,  or  confent  of  fuch  perfon,  or  any  of  his  fa- 
I  nuly,  upon  due  proof  thereof  to  be  made,  by  the  perfon  therewith  charged, 

1       rV.  And  forafmuch  as  there  are  great  numbers  of  idle  and  diforderly  perfpns,  who  have  no  fettled  ha-  Unqualified 
(  bitation,  nor  vifible  method  of  fupporting  themfelves,  by  induftry  or  honed  calling,  many  of  whom  come  hunTwUhoora 
'  in  from  neighbouring  colonies,  without  proper  paficxS,  and  kill  deer  at  all  feafbns  of  the  year,  and  often  certificate. 
leave  the  carcafles  in    the  weeds,  and  alfo  fleal  and  deftroy  cattle,  and  carry  r.way  hoifes,  and  con.mit  o- 
ther  enormities,  to  the  greajt  prejudice  of  the  inhabitants  of  this  province  ;   Ee  it  therefore  enaEled  by  the  au- 
■  ihority  aforefaid.  That  every  perfon  who  ftiall  hunt  and  kill  deer  in  the  King's  wafte  within   this  province, 
and  who  is  not  poflefled  of  a  fettled  habitation  in  the  fame,  (hall  be  obliged  to  produce  a  certificate,  when 
required,  of  his  having  planted  and  tended  five  thcnfand  corn-hills,  at  five  feet  diflance  each  hill,  the 
"i  preceding  year,  or  feafon,  jn  the  county  where  he  (hall  hunt,  under  the  hands  of  at  leaft  two  Juftices  of 
li  the  peace  of  the  faid  county,  and  the  hand  of  at  leaft  ojie  of  the  churchwardens  of  the  paiifti  where  fuch 
ferfcn  planted  and  tended  fuch  corn  as  aforefaid. 

V.  And  be  it  further  enaBed,  That  if  any  fuch  perfon  as  aforefaid,  is  found  hunting,  and  does  not  pro-  Forfeiture, 
I  duce  fuch  certificate  as  aforefaid,  when  required,  he  ftiall  forfeit  his  gun,  and  five  pounds,  proclamation 
I    money,  for  every  fuch  offence  ;  to  be  recovered  and  applied  as  herein  after  direfted. 

I  VI.  And  whereas  many  idle  perfons,  who  fpcnd  theii:  chief  time  in  hunting  deer,  leave  the  carcafTes  in  Persons  not  to 
the  woods,  by  which  means  wolves,  bears,  and  other  veimin,  are  raifcd  and  fupported,  which  deftroy  !**7'  '*''"'^" 
the  ftccks  of  the  inhabitants  of  this  province  j  Be  it  therefore  further  tnaBed  by  the  authority  aforefaid,  That  gjc.     ^^^   * 


70      174.'?.  every  per fon  who  hunts  deer,  and  leaves  the  carcafs  or  carcafTes  in  the  woods  uudeftrdjed,- flialt,  for  c- 

v^-v^.)  very  offence,  forfeit  and  pay  forty  fliillings,  proclamation  money. 
Fines  how  re-      VU.  Andbt  it  jurtlcr  etiaiiedy  by  the  authorit<j  aforefaid^  That  all  fines  and  forfeiture  1  «'ri  liiis 

covered,  and     g£^^  {hall  be  paid,  the  one  half  to  the  informer,  the  other  half  to  the  churchwardens,  loc         .,i ,  ojthe  pa- 
app.ie  .  ^.^  wherein  fuch  offence  (hall  be  committed  ;  to  be  recovered,  with  cofts,  by  a  warrant  ifro.t:  aur  /liftice 

of  the  peace  within  this  government  ,•  faving  to  al!  free  perfons  the  right  of  appeal  to  the  county  court  v  here 
fuch  offence  is  committed:  which  faid  court  is  hereby  empowered  and  diretted,  in  a  lu-rthary  way,  fi-  ■ 
Appeal.  ji^jiy  jQ  determine  the  fame  }  wherein  no  effoin,  protedion,  or  wager  of  law,  Qiall  be  allowed  or  admit- 

ted of. 

CHAP.  4.       An  aSi  to  repeal  an  ad  pajfed  at  Wilmington^  in  the  year  ofourLord  dhie  tlmtfand  fevtn  Imndred  andf'jrty.ene,  inti*  ' 
Ante,  p.  67  '"''^^  -A^"  aft,  to   eftablifh  ports,  or  places  of  delivery  of  merchandizes,  imported  in   and  exported 

out  of  this  province,  and  to  prevent  the  clandelline  running  of  uncultomed  goods  in  the  feveral  i'orts 

thereof. 

WHEREAS  it  is  found  very  inconvenient  and  injuriotts  to  traders  and  vdTels  arriving  at  the  iereral 
ports  and  places  in  the  faid  a£l  mentioned,  and  there  being  obliged  to  unlade  and  contiuue,  where-   ' 
by  great  damages,  loffes  and  delays  have  accrued,  and  much  of  the  trade  of  this  province,  which  heretofore 
uled  to  be  carried  on  by  water,  has  of  late  been  diverted,  and  carried  <m  by  land  to  Virginia  j  For  remedy 
whereof, 

Aflrccealtd.  I^-  We  pray  that  it  may  be  enafted,  And  be  it  cnaBed,  by  his  Excellency  Gabriel  JohtiJioHy  Efq .}  Governor ^ 

by  and  nvith  the  advice  and  ccnjent  of  his  Majejiy's  council  and  General  AJfimbly  of  this  province^  and  it  is  hereiy 
enaEledby  the  authority  of  thefamey  That  the  faid  atl  be,  and  is  hereby  repeaied,  to  all  intents  and  purpofes, 
as  if  the  fame  had  never  been  made. 

Not  to  extend        III.  Provided  neverthelefs.  That  nothing  in  this  a£t  fhall  be  deemed  or  taken,  to  extend  to  any  law  fuit 

to  any  sut  al-    already  commenced  and  depending,  upon  the  breach  of  the  faid  law. 

nienced. 

CHAP.  5.       An  act  for  impowering  ihejcv.ralcommijfiontrs  h  -rein  after  named,  to  make,  mend  and  rtpair  all  reads^ 
Bep.  1  1764  3,      bridges,  cuts  andwatir.courjes,  already  laid  cut,  ar  hereafter  to  be  laid  out,  fn  ikcftveral  counties 
and  dijlricts  herein  after  appointed,  m  fuch  inanner  as  tk'.y judge  moji  u/ful  to  ike  public,     rep. 

CHAP.  6,       Al  act/or  erecting  afort  fication  on  thelowtr  part  of  Cape- fear  river,  for  apphing  thereto  the  powder. 
monev  already  ari/en,  or  which  fliait  arifj  by  Jhiptiing  coming  into  the  po^t  cf  BrunfioicL  'g 

WHEREAS  from  the  prefent  war  with  France  and  Spain,  there  is  great  reafon  to  fear,  that  fuch  f 
parts  of  this  province  which  are  fituated  moft  commodious  for  fliipping  to  enter,  may  be  invaded 
by  the  enemy  ;  and  whereas  the  entrance  of  Cape-Fear  river,  from  its  known  depth  of  water,  and  other 
conveniences  for  navigation,  may  tempt  them  to  fuch  an  enterprize,  while  it  remains  in  fo  naked  and  de-    j 
fencelefs  a  condition  as  it  now  is :  therefore,  for  the  better  fecuring  of  the  inhabitants  of  the  faid  river  from, 
any  iniult  and  invafion  } 

Commitsicncrs  II.  We  pray  that  it  may  be  enafted,  And  be  it  enaBeiby  his  Excellency  Gabriel  John/hn,  Efq  ;  Governor, 
appoimcu,  i,y  g„^  ^^^lijj  ffjg  advice  andcenfent  of  his  Majejlys  council  and  General  Ajfembly  of  this  province,  and  it  is  hereby 
enaEltd  by  the  authority  of  the  fame.  That  his  Excellency  GabrielJohnfton,  Efq  ;  governor,  the  honourable 
Nathaniel  Rice,  Robert  Halton,  Eleazer  Allen,  Mathew  Rowan,  Edward  Mofeley,  Roger  Moore,  Wiiliain 
Forbes,  Efqrs.  and  colonel  James  Innes,  William  Faris,  Efq  j  Major  John  Swann,  and  George  Moore,  Efq. 
be,  and  are  hereby  appointed  commillioners  •,  who,  or  the  majority  of  them,  Ihall  have  iuh  power  and  au- 
thority to  ereft  and  build  a  fort  or  battery,  in  fuch  place  on  the  lower  parts  of  Cape-Fear  river,  as  to  the 
majority  of  them  (hall  feem  moft  convenient,  for  the  defence  of  the  faid  river  :  which  fort  or  battery  fhall, 
be  called  Johnlton's  fort,  and  fhall  be  large  enough  to  contain,  at  leaft,  twenty  four  cannon,  with  barracks, 
and  other  conveniences,  for  foldiers. 
Powder  money.  III.  And  for  defraying  the  charges  of  building  fuch  fott  or  battery,  Be  it  enaSitd  by  the  authority  aferefaid. 
That  the  powder-money  already  paid  to  the  naval  officer  of  port  Brunfwick,  or  to  the  commiflioners  of* 
navigation  of  the  f.nd  port,  fince  the  fixth  day  of  March,  one  thoufand  fevea  hundred  and  thirty  eight,  by 
virtue  of  an  a£t  of  AfTembly,  intituled,  an  a£l  for  facilitating  the  navigation  of  the  feveral  ports  of  this  pro- 
-vjnce,  and  for  buoying  and  beaconing  the  channels  leading  from  Occacock-Inlet  to  Edenton,  Bath-towa  . 


and  Newbern,  and  from  Topfail  lolet  to  Beaufort  town,  and  other  port*  and  Inlets  wlt^n  the  faid  province  1745.  71 
herein  mentioned,  and  for  providing  fufiicient  pilots,  for  thefafe  condu£l  of  vcflelt ;  and  all  powder-money  Ut'-v*'^.; 
j  which  (hall  hereafter  arife by  vefleJs  coming  into  the  faid  port  of  Brunfwick,  ihall  he  applied,  by  the  com- 
!  milDoners  aforefaid,  or  the  majority  of  them  (after  deducing  a  fum  fufficient  for  finifliing  the  pofting  and 
)  ftakiiig  •ut  the  channel  between  Brunfwick  and  Wilmington,  not  exceeding  the  fum  of  fifteen  pounds, 
'  proclamation  money)  to  th^  charge  of  building  and  eredHng  the  faid  fortification  as  aforefaid,  and  to  no 
Other  purpofe  or  ufe  whatfcever  ;  any  thing  in  the  faid  aQ.  to  the  contrary,  notwithftanding. 

'  IV.  ^nd  be  ft  further  ena^ed  by  th^  authority  aforefaid.,  That  the  feveral  naval  officer*  of  the  port  of  Brunf-  Kaval-officct  to 
wick,  or  other  perfons,  who  have  any  of  the  powder-money,  of  or  belonging  to  the  faid  port,  in  theit  hands  \  accjuu. 
and  the  naval  officer  who  fhall  heieafter  receive  any  powder-money  of  or  for  that  port,  (hall,  when  called 
upon  by  the  aforefaid  coramiffioners,  or  the  major  jjart  of  them,  appear  before  them,  and  fettle  their  ac- 
count, upon  oath,  and  pay  to  the  faid  commiffioners,  or  the  majority  of  them,  or  their  order,  all  fuch  Ann 
and  fums  of  money  alre:idy  received,  or  which  ftiall  hereafter  he  received  by  him  or  them  ;  and  a  receipt 
under  the  hands  of  the  faid  comniithonersj  or  thsir  order,  {hall  be  a  fufficient  difcharge  to  the  faid  officer, 
for  fuch  fum  or  fums  of  money  fo  paid. 

V.  And  be  it  further  tna^ed  by  the  fluthriiy  ^rfbrefaid,  That  if  any  fuch  perfon  or  perfons,  who  have  already  Penalty  for      ^ 
feceived  any  powder-money  as  afore-mentioned,  or  who  hath  any  fuch  money  in  his  liands,  or  who  here-  "^S'^- 

after  (hall  receive  any  fuch  ^Kjney,  Ihali,  upon  due  notice  given,  refufe  to  appear  to  account,  upon  oath, 
'and  pay  the  money  due  from  him  or  them,  he  or  they  fo  refufing  or  neglecting,  (hall  forfeit  the  fum  of  for- 
ty pounds,  proclamation  money  ;  to  be  recovered  by  the  commiffioners,  or  the  majority^of  them,  by  afki- 
tm  of  debt,  bill,  plaint  or  information,  in  the  general  court  of  this  province,  wherein  no  prote£lion,  injunc- 
tion OT  v/ager  of  law,  (hall  be  allowed  or  admitted  of,  and  applied  towards  building  the  (aid  fort  ,•  and  (hall 
be  alfo  liable  to  an  aftion  for  all  fuch  fums  of  money  as  are  in  his  or  their  hands,  at  the  fuit  of  the  com- 
miilioners  aforefaid,  or  the  major  part  of  them. 

VI.  ^nd  be  it  further  enacted  by  the  authority  aforejaid.  That  if  any  one  or  more  of  the  commiffioners  be-  Commlss;o:ier» 
fore  mentioned,  (hall  die,  or  remove  out  of  this  province,  or  refufe  to  a£t,  that  in  fuch  cafe  it  fliall  and  may  ''*P*  "P* 

be  lawful  for  the  majority  of  the  remaining  commiffioners,  to  recommend  double  the  number  of  the  perfon 
Or  perfons  fo  dying,  leaving  the  province,  or  refufing  to  a£l:,  to  his  excellency  the  governor  or  commander 
in  chief  for  the  time  being,  out  of  which  he  is  hereby  impowered  to  appoint  one  or  more  commiilioners  to 
aft  in  the  room  of  I'uch  fo  dying,  leaving  the  province,  or  refufing  to  a£l:,  as  aforefaid  ;  and  fuch  commif- 
fioner  or  commiffioners  fo  appointed,  (hall  have  the  fame  power  and  authority  as  any  other  commiffioner 
or  commiffioners  have,  or  ought  to  have,  by  virtue  of  this  a£l. 

VII.  And  be  it  further  enaBed  by  the  authority  aforefaid.,  That  the  commiffioners  herein  before  nominated  To  lay  tbsir  ac' 
and  appointed,  are  hereby  compelled  tolay  their  accompts  before- the  Governor,  Council  and  General  Af-  counts  before 
fembjy  of  this  province,  for  all  fuch  fum  or  fums  of  money  as  they  (ball,  from  time  to  time,  receive  by  vir-  a'*  »  " 
ttie  of  this  a£k. 

VIII.  Andbeit  further  tnacted  by  the  authority  aforefaid.  That  it  ffiall  and  may  be  lawful  for  any  perfon  or  May  use  adji. 
perfons,  by  the  direftion  of  the  commiffioners  aforefaid,  or  the  major  part  of  them,  to  cut  down  and  make  *^*"*  timber, 
ufe  of  any  timber  tree  or  trees,  (landing  or  growing  upon  any  of  die  moft  convenient  lands  to  tiie  (aid  fort, 

to  be  ufed  in  building  and  erefting  the  fame. 

An  aB  to  add  that  part  of  the  province  called  Mattamu/keet,  and  lake,  to  Hyde  county,  CfiAP.  8. 

WHEREAS  the  inhabitants  of  Mattamulkeett,  and  the  la*:e,  for  thefe  many  years  paft,  have  been  ob- 
liged to  attend  Currituck  county  court,  being  from  their  habitations  upwards  of  one  hundred  mUes, 
through  a  bleak  and  dangerous  found,  which  is  always  attended  with  great  fatigue,  and  often  times  their 
lives  expofed  to  great  danger,  and  frequently,  by  contrary  winds,  difappoiated  of  their  paffages,  and  de- 
tained from  their  families  ;  For  remedy  whereof  for  the  future, 

II.  We  ptay  that  it  may  be  ena£led.   And  be  it  enaSied  by  his  Excellency  Gabriel  Johnflon,  Efq.  Governor,  MattaTnuskeet 
by  and  -with  the  advice  and  confent  of  hit  Majefly^s  Council,  and  General  Affembly  of  this  province,  and  it  is  hereby  (ieemed  part  of 
enacted  by  the  authority  of  the  fame.  That  Mattamulkeet  and  the  lake  thereunto  belongiQg,  ffiall,  from  hence-  H/de  county, 
forward,   be  accounted,    taken,  reckoned  and  deemed  part  of  Hyde  county  ;    and  that  the  inhabitants 
thereof  ffiall  be  fubjeit  and  liable  to  the  fame  orders,  rules  and  taxes,  as  any  other  of  the  inhabitants  oi  the 
faid  county  are,  or  hereafter  (hall  be  ;  any  law,    cuftom  or  ufage  to  the  contrary,  notwithftanding. 


72     1745. 


THETITLES   OF   THE   PRIVATE   ACTS. 


7  Au  ftft  to  ftppVmt  enmmijiioners  in  the  pl«c«  »nd  stead  of 
those  deceased,  to  complete  and  finigli  the  church  at  New« 
bern,  and  for  addltig  the  present  churchwardens  And  ves- 
trymen to  the  said  commisaiouersi  and  for  empowering 
the  said  comraissioners,  churchwardens  amd  vestrymen, 
to  caU  the  former  commissioners  to  account,  for  all  mo- 
nies by  them  received  for  the  use  of  the  said  church,  and 
to  appropriate  it  to  the  jjurpose  aforesaid,  and,  in  case  of 
insufficiency,  to  lay  a  levy  to  accomplish  the  same. 
9  An  aft  to  impower  the  commissioners  of  ihe  town  of  Edenton, 
to  keep  in  repair  tne  f-ovcn  fence,  and  to  treSi  aixl  build 
a  pound,  bridges,  public  whirf,  and  market-house;  as 
»Uo  to  eredt  and  build  a  schoul-house  tn  the  said  tovrn. 


and  for  other  purposes  therein  Tnentionsd. 

10  An  aft  for  the  better  regulating  the  town  of  Wamington»^ 

and  for  confirming  and  establitbing  the  late  sur>'ey  of  thi 
same,  with  the  plan  anne^^ed. 

11  An  aft  for  fencing  the  town  of  Bath,  and  re  surveying  the 
*    -common  belongi.ig  to  the  said  town,  and  exempting  th« 

inhabitants  from  working  on  the  main  roads;  and  to 
give  liberty  to  the  inhabitants  to  build  on  and  improve 
the  front  or  water  lets,  and  to  appoint  commissioners  for 
the  purposes  aforesaid. 

12  An  aft  to  encourage  persons  to  settle  in  the  town  of  Bruns^ 

wick,  on  the  southwest  side  of  Cape-Fear  river, 


Signed  by  GABRIEL  JOHNSTON,  Esq.  Gpvermr, 
Nathaniel  ^ice,  Pre/tdent, 
3amv&I<  Swa»i^^  Sf^ajfTf 


1,  174G.  73 


At  a  General  ASSEMBLY,  held  at  Newbern,  the  Twenty-eighth   Day  ofG*^^«'^^-^ 
Jiuie,  in  the  Year  of  our  LorcJ  One  Thousand  Seven  Hundred  and  Forty-  Esq.  Governor. 
six. 


An  aB  for  the  better  regulating  the  militia  of  this  government,     exp.  cha^.  1. 

An  aBfor  ereBing  the  upper  part  of  Craven  county  into  a  county  andparifj,  and  for  appointing  a  place  for  build'  CHAP.  2. 
ing  a  court-heufey  prifen,  and  flocks,  in  thejaid  county.  1^56,  9. 

WHEREAS  Craven. county  is  now  become io  very  extenfive,  that  many  of  the  inhabitants  thereof 
live  very  remote  from  Nevi'bern  Town,  where  the  court  for  the  faid  county  is  held,  whereby  a 
^reat  many  difficulties  and  hardships  arife  to  the  upper  inhabitants  thereof,  nol:  only  in  attending  their  or- 
dinary bufmefs  in  the  faid  ^ourt,  but  alfo  by  being  compelled  to  ferve  as  jurymen,  and  often  times  as  e- 
vidences,  at  the  faid  court  :  for  remedy  whereof, 

II.  We  pray -that  it  may  be  enafted,  And  be  it  enaBed  by  his  Excellency  Gabriel  Johnjion,  Efq.  Governor,  J' hnston  erea^. 
by  and  ivith  the  advice  and  eonfent  of  his  Majelly's  Council  and  General  Affcmbly  of  this  province,  and  it  is  hereby  en- 
acted by  the  authirrityofthejame,  That  CraVen  county  be  divided,  by  aline,  beginning  at  the  mouth  of  the 
Southweft  creek,  on  the  Ibuth  fide  of  Neus  river,  below  Francis  Strinper's  ferry,  running  up  the  laid 
creek  as  far  as  the  aforefaid  county  extends  that  way,  and  runrnng  a  narth  line  from  the  mouth  of  the  faid  ^ 

fouthweft  creek,  as  far  as  the  county  extends  norihwardly  ;  and  that  the  upper  part  of  the  faid  county  be 
erefted  into  a  county,  by  the  name  of  Johnfton  county,  and  St.  Patrick's  parifh,  as  divided  by  a  line  that 
fliall  be  s^^reed.on  by  the  commiiTioners  hereafter  named  :  And  that  the  faid  county  andparifti  fhall  enjoy 
all  the  privileges  and  advantages  that  any  other  county  and  pariQi  in  this  province  holds  or  enjoys ;  fave 
pnly  that  the  laid  county  (hall  fend  but  two  reprefentatives  to  fit  in  the  General  Aflembly. 
'      rhi  nmaining  fivtn  Ji&ions  a^rc  of  a  temporary  or  a  private  nature,  and  fame,  cf  them  repialed. 

An  aBfor  dividing  Edgcomb  county  and  par'fh,  and  for  ereBing  the  upper  part  thereof  into  a  county  and  parifh,  CHAP.  3, 
by  the  name  of  Granville  county,  and  St."  fohr^s  parifh  ;  and- for  appointing  vefrymen  of  the  faid  parijif.         1755,9. 
HEREAS  the  county  and  parifh  of  Edgcomb,  being  a  frontier   county,  is  now  fo  extenfively 
fettled,  that  the  public  bufinefs  of  die  faid  county-  and  parifh  becomes  very  difficult  to  be  tranf- 
aaed: 

I.  We  .therefore  pray  that  it  may  be  enafted,  And  be  it  enaBed  by  his  Excellency  Gabriel  Johnfon,  Esq.  Granville  ere<a^ 
Governor,  by  and  •with  the  advice  and  eonfent  of  his  Majeflfs  council,  and  General  AJJembly  of  this  province,  and  ' 
by  the  authority  ^  the  fame.  That  Edgcomb  county  arid  parifli  be  divided  by  a  line,  beginning  at  the  mouth 
of  Stonehoufe  creek,  on  Roanoak  river,  to  the  mouth  of  Cyprefs  fwamp,  on  Tar  river,  and  from  thence 
acrofs  the  rivei",  in  a  dir^£l  courfe,  to  the  middle  grounds  between  Tar  river,  and  Neufe  river,  being  the 
dividing  line  between  Craven  and  Edgcomb  counties  ;  and  that  the  upper  part  of  the  faid  county  and  pa- 
rifh, as  divided  by  the  line  that  fhall  be  agreed  on  by  the  commifTioners  hereafter  named,  be  erefted  into 
a  county,  by  the  name  of  Granville  county,  and  St.  John's  parifh  :  And  that  the  faid  county  and  parifh 
(hall  enjoy  as  many  privileges  as  any  other  county  or  parifh  in  this  province  holds  and  enjoys,  fave  only 
^at  the  faid  county  fhall  fend  hut  two  reprefentatives  to  fit  in  the  General  AfTembly. 

Ihi  remaining  JcVi.  nfiflions  of  a  private  or  a  temporary  nature,  and  part  of  them  reptalei  or  altered. 


Vol.  I.  U 


Signed  by  GABRIEL  JOHNSTON,  Efq.  Governor. 
Nathaniel  Rice,  Pr^tdmty 
Samuel  Swaiiim,  Speaker, 


4-*    Zi  I  tlV, 


h^B^^lv      -^^  ^  General  Assembly,  held  at  Wilmington,  the  fifth  day  of  December,  it».| 
Esq,  Gover'nor.      tlic  Ycar  of  our  X-ord  One  Thousand  Seven.  Hundred  and  Forty -six. 


CHAP.    1. 

Not  now  in 
fjice. 


CHAP.  2. 

Not  now  in 
force. 


jin  aB  for  the  letter  afcertaining  the  number  of  members  to  be  chofenfor  the  federal  counties  nuithin  this  provincey 
to  Jit  and  vote  in  General  AJfembly  ;  and  for  eftablijhing  a  more  equal  reprefentative  oj  all  his  Majejijs  fubje^s 
in  the  houfe  oj  Burgeffts.  (a) 

An  aSl  to  fix  a  place  hr  the  feat  of  Government^  and  for  keeping  public  offices  ;  for  appointing  Circuit  eourtSf 
and  defraying  tht  encpence  thertoj ;  and  olfo  for  ejlabltfhing  the  courts  ofjujlicey  and  regulating  the  proceedings 
therein,  (bj 

Signed  by  GABRIEL  JOHNSTON,  Esq.  Gotw««r.     ^^ 
Eleazer  Allen,  Prefident. 
Samuel  Swamn,  Speaker. 

fa)  This  aa,  in  Davis's  edition,  is  said  to  have  been  repeated,  and  I  presume  it  was  repealed  by  the  King  in  Council,  thnoirh 
I  have  no  authority  to  assert  so.  But  it  is  very  certain,  that  for  many  years  before  the  revolution,  the  representation  was  diffeient 
from  that  prescribed  in  this  aift.    However,  at  a'l  events,  I  think  I  am  warranted  in  saving  it  is  not  now  in  force. 

{bJ  This  a&  is  likewise  sa'd,  in  Davis's  edition,  to  have  been  repealed,  and  I  presume  (though  without  sufi&cient  authority  to 
assert  so,)  that  it  was  repealed  by  the  King  in  Ceuncil.    However  it  is  certainly  not  now  inforce. 


3,174.6.  7S 


At  a  General  Assembly,  held  at  Newbern,  the  seventh  day  of  March,  inth€  fonL.^.. 
Year  of  our  Lord  One  Thousand  tieven  Hundred  and  Forty-six.  Esq  ouvemor 


STON, 


J^aBfor  appointing  commiffimers  to  revife  and  print  the  htvs  ofthisprovicce,  andjor  granting  to  his  Majeflyfor  chap.  1 , 
defraying  the  charges  thereof  a  duty  on  noine.  rum  and  dijiilleid  tiquors,  and  rice,  imported  into  this  province.         „  1748  7 

WHEREAS  for  want  of  the  laws  of  this  province  being  revifed  and  printed,  the  magiftrates  are  of- 
ten  at  a  lofs  how  to  difcharge  their  duty,  and  the  people  tranfgrefs  many  of  them  through  want  of 
Snowing  the  fame  :  "Wherefore, 

II.  We  pray  it  may-be  enafted,  And  he  it  enaSied  hy  his  Excellency  Gabriel  jihnllon  Efq.   Governor^  by  a«i  Commissioner 
•with  the  advice  and  confnt  of  his  Majejlfs  Council,  and  the  General  .ijfembly  of  this  province,  and  by  the  authori'  '''  •'''^''^e  tt-e 
ty  tf  the  fame.  That  the  Honourable  Edward  Mofeley,  Efq  Samuel  Swann,  Efq.  the  Honourable  Enoch  '*^^^" 

.  Hall,  Efq-  and  Mr.  Thomas  Barker,  or  thC;  majority  of  them,  be,  and  they  are  hereby  nominated  and 
appointed- comn»iffioners,  to  revife  and  print  the  feveral  A'5ls  of  Aflembly  in  force  in  this  province 

III.  And  be  it  further  eitoEied,  That  the  faid   commiffionerS  fhall  revife  the  fai<la£ts  of  Aflembly,   and  Compiiaiion 
compile  them  in  one  body,  and  make  an  index,  marginal  notes,  and  references  thereto,  and  ffiall  lay  the    °*'^*^' 
fame  before  the  ne:^t  fucceeding  General  AlTembly  after  they  fliall  have  io  revifed  and  compiled  them,    to 

be  ratified  and  confirmed  ;  and  fuch  only  of  the  faid  commiflioners  as  fhall  revife  the  laws,    fhall  have 
and  receive,  for  their  trouble  in  revifing  and  compiling  the  faid  afts,  thefum  of  fixty  pounds,,  proclama-  ... 
fion  money;  to  be  paid- by' the  General  AiTembly,    out  of  the  duty  on  wine,,  rum,- and  diftilled  liquors,. 
and  rice,  arifing  and  made  payable  by  virtue  of  this  a£l. 

IV.  And  be  it  further  enaEied,  That  after  the  faid  a£ts  fliall  be  revifed  afld  compiled  by  the  faid  com-  Laws  printed, 
miflioners,  orthe  majority  of  them,  as  aforefaid,  and  ratified  and  confirmed  by  the  General  AiTembly,  ^'d  copies  to 
die  fame  fhall,  with  all  convenient  fpeed,   be  printed,  by  the  faid  commiflioners,  or  the  majority  of  them,  ^       S>^en. 
vrho  fhall  fumifh  and  deliver  fev«ral  books  of  the  ftid  laws,  well  bound,  and  lettered' on  the  back,  to  the 

feveral  officers,  offices,  and  courts,  herein  after  mentioned  ^   that  is  to  fay,  o\QX.O'h\s  Excellency  the    Go- 
vernor, one  fdr  the  ufe  of  his  Majefty's  council,  one  for  the  ufe  of  the  General  Ailembly,  one  for  the  ufe 
of  the  Secretary's  office,   one  for  the  ufe  of  the  General  court,   and  one  to  each  and  every  county  court  ,rivle^'^'^'^  ^" 
refpe£iively  in  this  province  :   And  fuch  only  of  the  faid  commiffioners  who  (hall  revife  the  laws  afore- 
feid,   fhall  have  and  receive,  for  printing  the  faid  a£ls,  aad  furnifliing  and  delivering  tha  feveral  books  p,jcej,f -he 
aforefaid,  the  fum  of  one  hundred  pounds,  proclamation  money  ;    to  be   paid  by  the   General  Aflembly,  book. 
out  of  the  money  arifing  by  the  duty  before  mentioned  ;  and  alfo,  the  benefit  and- advantage  of  the  fole 
printing  and  vending  the  books  of  the  faid  laws,  for  and  during  the  fpace  or  term  of  five  years  ;  and  fhall 
not  take  or  receive  above  the  fum  of  fifteen  {hillings,  proclamation  money,  for  each  book  by  them  fo  print- 
ed. 

V.  And  be  it  fiirther  enaB^d  by  the  authtrity  cforefaid.  That  if  any  perfon  or  perfons  (hall  import  into  I'enalty  on  im- 
Ais  province,  any  printed  book  ot  books,  or  (hall  fell,  or  offer  to  fale,  any  printed  book  or  books  of  the  P'^""^8  o*"  sd-^ 
feidlaws,  within  the  term  of  five  years,  without  the  licence  of  the  faid  commiffioners,  their  heirs  or  af-  pj,^. 

figns.  other  than  fuch  as  fhall  be  printed  by  the  order  and  approbation  of  the  faid  commiffioners,   their  . 
heirs  or  affigns,  fueh  perfon  of  perfons  fhall  forfeit  and  pay,  to  the  faid  commiffioners,  their  heirs  or  af- 
(igas,   thefum  of  five  pounds,  proclamation  money,  for  each  and- every  book  fo  imported,  fold,  or  of- 
fered to  fale,  contrary  to  the  true  intent  and- meaning  of  this  aft;  to  be  recovered  in  the  fame  manner 
as  other  forfeitures  in  this  a6h 

VI.  And  be  it  further  enaSled  by  the  authority  aforefaid.  That  if  any  furplus  of  the  money  arifing  by  virtue  Smplus  ot  the 
of  this  ail,  fhall  remain,  after  payment  of  the  faid  feveral  fums  to  the  commiffioners  aforefaid,  for  revifing  fund  ho»v  appli. 
and  compiling,   printing,   furniffiing,  and  delivering  the  faid  feveral  books   aforefaid,   the  fame  fhall  be  '^'~^' 
applied,  by  the  General  Afierably,  for  and  towards  difcharging  the  public  debts  of  this  province; 


Printed  copy 
evidence. 
Secretary  fo 


76  3,1746.      VII.  And  be  it  further  enaBed  by  the  authority  aforefaid,  That  the  feveral  books  of  the  laws,  revifed  and 
\.<»-r<0  printed  by  the  faid  commiffioners,  or  the  majority  of  them,  as  aforefaid,   (hall  be  allowed  to  be  given  in 
evidence  in  all  and  every  of  the  courts  of  judicature  in  this  province,  and  before  any  magiftrate  or  magifr 
trafes,  in  any  matter  or  controverfy  depending  before  them- 

VIII.  And  for  furntfliing  the  commiffioners  aforefaid  with  a  true  and  perfefi  copy  of  the  faid  laws, 
fjiriaws^o  the -^^''^''^'^^''»''^^^**^^'^^""^*^'y  °^*^^^  P'°^^"^^  ^^''  ™3^®  °"*^  and  deliver,  to  the  faid  commifFioriers,  '" 
eommissioners.  or  the  majority  of  them,  a  true  and  perfect:  copy  of  the  faid  laws  now  in  force,  and  the  titles  of  fuch  as 
have  been  repealed  or  become  obfolete,  which  (hall  be,  by  the  faid  commiffioners,  or  the  majority  of 
them,  examined  with  the  original ;  for  which, copy,  and  for  tranfcribing  and  fending  copies  of  this  a£t- 
to  the  feveral  receivers  of  the  duties  laid  in  this  aft,  (which  he  is  hereby  required  immediately  to  do,)  he 
fhall  have  and  receive  the  fum  of  twenty  pounds,  proclamation  money  ;  to  be  paid  by  die  General  Af- 
fembly,  out  of  the  money  arifing  by  virtue  of  this  aft. 

The  remaining  feSlions  of  this  a£l,  ffrcmfeSi.  9tofe£l.  19  incluftve,)  froviding  a  fimdto  raifeihefum  of  money 
allowed  to  the  ^ommiJfionerSi  having  had  their  effect^  aftd  being  in  their  nature  temporary,  are  omitted. 


CHAP.  2. 

i7o6,  9. 


An  aB  to  repeal  a  claufe  in  an  aB,  intituled  "  An  a£l:  for  erefting  the  .upper  part  of  Craven  county  into  a 
county  and  parifti,  and  for  appointing  a  place  for  building  a  court-houfe,  prifon  and  itocks,  in  the  faid 
county  ;  and  the  claufe  in  an  aB^  intituled.  An  a£l:  for  dividing  Edgcomb  county  and  parifh,  and  for 
erefting  the  upper  part  thereof  intoacounty  and  parifh,  by  the  name  of  Granville  county,  and  St.  John's 
parifti,  and  for  appointing  veftrymen  of  the.  faid  parifh  ;  luhich  direB  that  all  public,  county  and  parijh  le- 
vies,  due  from  any  of  the  inhabitants  of  the  faid  county  of  Granville,  f jail  be  colleBed  by  the  Sheriff  of  Edgcomb 
county  ;  and  that  all  public  county  andparilh  levies ,  due  from  any  of  the  inhabitants  of  Johnjlon,  fhall  be  colleBed 
by  the  Sheriff  of  Craven  county^fo  far  as  may  relate  to  the  taxes  or  levies  laid  and  made  payable  for  the  year  one. 
thoufand  ftven  hundred  and  forty  fix.     OBS. 

Signed  by  GABRIEL  JOHNSTON,  Efq,  Governor, 
Nathaniel  Rice,  Freftdsnt. 
SaiviUEi.  ^WANN,  Spef.hr. 


iiMI  liny    l.»-*M|>HUiia>gB»i«'«eriC»ilU— MIWiillNIW.WM'iMM'm   iMl.»J  JilJWi.«l«ll»»  i»:»lil»l,<iu  n 


At  a  General   Assembly,  held  at   Newbern,  the  Sixth  Day  of  April,  in  the 
Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Forty-eight. 


174  3. 


Gabriel 
JoHXs  row, 
iisq  Qovetnof, 


An  oSi  to  appoint  public  treafufers .     exp.  chap.   1. 

AnaB  for  regulating  the  feveral  officers'  fees  ivithin  this  province^  and  a,fcertaining  the  method  of  paying  the  fame.  chap.   2, 

The  general  objea  of  this  Z.&.  provided  for  by  subseqnent  Lfls 
An  act  to  prevent  the  exportation  of  raw  hides,  pieces  of  hides,  arj  calf-fkins,  out  oj this  government.  chap.  4'. 

Rep  2, 175],  14. 
An  act  t9  appoir.t  conwvffioners  to  continue  running  the  boundary  line  between  Edgccmbe  county,  Tyrell,  and  part  of  chap.  5. 

Beaufort  counties. 
'HERE AS  the  commiiTiGiTers,  appointed  by  an  z€t,  intituled  "  An  zdc  for  afcertaining  the  bounda- 
ry Hne  between  Tyrell  county  and  Beaufort  county,  and  between  Edgcombe  county  and  Tyrell 
county  and  Benufort  county,  have"  run  a  dividing  line  between  Edgcomb  county  and  Tyrell  county,  and 
part  of  Beaufort  county  and  Edgcombe  county,  from  Roanoke  river,  as  far  as  the  mouth  of  Cheek's  mill 
creek,  on  Tar-river,  in  Beaufort  county  ;  and  whereas  the  tax  laid  and  colieded  in  the  faid  feveral  coun- 
fies,  for  defraying  the  charge  of  running  the  faid  boundary  lines,  is  found  infufficient  for  carrying  on  the 
fame  : 

II.  We  therefore  pray  it  may  be  tmSXe^,  And  he  it  enabled  hy  his  Excellency  Gabriel  Jehnffon^  Efq.  Cover-  Commissioners 
nor,  by  and  with   the  sidvice  and  confrnt  of  his  Majeffy's  Council  and  General  Afftmbly  of  this  province,  and  it  is  appointed. 
hereby  enaSlcd  by  the  authority  of  the  fame.  That  Mr.  Jofeph  Howel,  and  Mr.  Jofeph  Lane,  be,  and  are  here- 
by appointed  commiffioners,  for  finifliing  the  faid  line  between  part  of  Edgecomb,  Beaufort,  and  Johnfon 
counties,  already  begun  and  carried  on,  to  the  mouth  of  Cheek's  mill  creek,  in  Beaufort  county,  on  Tar 

river  :  and  from  thence  fhall  run,  with  a  ftraight  line  to  Contentnee,  at  the  mouth  of  Tolneat  fwamp,  and 
(hence  up  the  main  flream  of  Contentnee,  oppofite  to  the  mouth  of  Cyprefs  fwamp,  on  Tar  river,  which 
faid  line,  when  run  by  the  commillioners  aforefaid,  (hall  be  by  them  entered  on  record,  in  the  court  of  Edg- 
comb county  aforefaid,  and  fhall  hereafter  be  deemed  and  taken  to  be  the  true  bounds  of  the  faid  county. 

III.  Relating  to  a  tax  to  defray  the  expences  of  running  the  line.     OES. 

IV.  And  be  it  further  enacted  by  the  authority  aforefaid.  That  all  and  every  claufe  and  claufes  of  the  aft,  in-  Repealing 
tituled,  an  a£l  for  afcertaining  the  boundary  line  between  Tyrell  county  and  Beaufort  county,  and  between  clause. 
Edgcomb  county,  Tyrell  county  and  Beaufort  county,  fo  far  as  relates  to  running  the  boundary  line  be-  Arte,  p,  50. 
twoen  Edgcomb  county  and  Beaufort  county,  is  and  are  hereby  repealed  and  made  void,  as  if  the  fame 

had  never  been  made. 

4n  a&fer  dejlroying  vermin  in  this provinee.  chap    6 

Rep.  1757.  12, 
An  a£l  to  enlarge  the  time  for  the  commiff  overs  of  the  roads,  appointed  by  the  afl  of  A/ffmhly  i)aff'd  A-  chap.  7. 
pril  ike  tuien'idh,  one  fhnvfand  ftven  hrndredand  fcrty-f.vf,  ivtitvfed,  Av  a£V  to  ijripcwer  the  feveral 
commiflioners  herein  after-named,  to  make,  merid  and  repair,  all  roads  and  hndres,  cuts  and  wrfer-cour- 
fes,  already  laid  out,  or  hereafter  to  be  laid  out,  in  the  feveral  counties  and  diftrifts  herein  after  appoint- 
edj'ih  fuch  manner  as  they  jlidge  moll  ufeful  to  the  public,  to  recover  thejtveraljums  due  from  de- 
faulters,    REP. 

An  act  to  provide  indifferent  jurymen  in  all  cavfes,  loth  civil  and  criminal,  avdfcranallozrancfjor  chap.  8. 

their  attendance,     rep,  ProvuVr'forby 

'ubsfquen»afls. 

,  ^  3,  i?r9, 6,  ires,  11.  ir86,  12.  !?&;,  21. 

VOL.   1.  X 


A  fortification 
atOccacockln' 
let,  &c. 


Comm'ssion- 
ers. 


Fortification  at 
Topsail  Inlet, 


Commission- 
ers. 

Fort  at  Bear- 
Inlet,  &C| 


Commission- 
ers- 
Port  at  Caps- 


yin  aS  for  granting  unto  his  Mnjijly  the  fum  eftnuenly  oneihoufand  three  hundred  and  fifiy  pounds,  proclamation 
money,  and  for  Jlamping  and  emitting  the  /aid  fum  of  twenty  one  thoufand  three  hundred  and  fifty  pounds,  public 
bills  of  credit  of  this  province  ^  at  the  rate  of  proclamation  money  ;  to  be  applied  towards  building  fort  fcatums  in 
this  province,  payment  of  the  public  debts,  exchanging  the  prefent  bills  of  credit,  and  for  making  proper  provif.on 
for  defraying  the  contingent  charges  of  the  government  ;  and  jor  repealing  the  fiver al  laws  herein  after  men- 
tioned. 

WHEREAS  during  the  prefent  war  with  France  and  Spain,  this  province  hath  received  great  da- 
mage, by  the  enemies'  privateers  coming  into  the  ports  and  harbours  of  the  fame,  which  are  in- 
tirely  defencelefs  and  witiiout  any  fortifications,  and  taking  and  carrying  away  the  veffels  thereout,  and 
landing,  and  plundering  the  inlxabitants:  and  whereas  the  great  fcarcity  of  currency  is  fuch,  that  it  is  im- 
pra£licable  to  raife  a  fum  by  an  immediate  tax  on  the  people,  fufficient  for  building  proper  forci5catioii3, 
for  the  defence  of  the  faid  ports,  and  to  difcharge  the  public  debts  .•  wherefore, 

II.  We  pray  that  it  may  be  onafled.  And  be  it  enacted  by  his  Excellency  Gabriel  Johnjlon,  Efq.  Governor,  by 
and  with  the  advice  and  confent  of  his  Maj fly's  CounHl  and  General  Ajfembly  of  this  province,  and  it  is  hereby  enaEi' 
edby  the  authority  of  the  fame,  Tiut  out  of  the  current  bills  of  credit  to  be  emiUed  by  this  aft,  the  fum  of 
two  thoufand  pounds  fhall  be  depofited  by  the  faid  commiffioners,  in  the  hands  of  Thomas  Barker,  gentle- 
man, Treafurer  for  the  northern  counties,  or  theTreafurer  for  the  faid  counties  for  the  time  being,  for  the 
building  a  fortification  at  or  near  Occacock  Inlet,  for  tlie  fafety  and  defence  of  that  harbour  \  and  the  com- 
miffioners hereafter  named  (hall  have  full  power  and  authority  to  build  the  faid  fortification,  and  by  war- 
rant under  their  hands,  or  the  hands  of  the  major  part  of  them,  to  draw,  from  time  to  time,  out  of  the 
hands  of  the  faid  treafurer,  fuch  fum  or  fums  cf  money  as  Ihall  become  due  to  the  feveral  workmen  employ- 
ed by  them  in  building  the  faid  fortification  •,  ani  the  faid  Treaftirer  is  hereby  required,  on  luch  warrant 
or  warrants  being  produced  to  him,  to  pay  the  fame  accoidingly. 

III.  And  be  it  further  enaSied,  That  his  Excellency  the  Governor  and  Commander  in  chief  for  the  time  be* 
ing,  Mr.  Benjamin  Peyton,  Mr.  Samuel  Sinclare,  Mr.  Francis  Stringer,  Mr.  James  Macklewean,  Mr.  John 
Haywood,  and  Mr,  Peter  Payne,  be,  and  are  hereby  appointed  commiflioners,  for  erecting  and  building  the 
faid  fortification. 

IV.  And  be  it  further  enaSledby  the  authority  aforefaidy  That  the  fum  of  one  thoufand  five  hundred  pounds 
(hall  be  depofited  by  the  faid  cornmilTionevs  in  the  hands  of  Edward  Mofeley,  Efq;  trieafurer  for  the  fouth- 
ern  counties,  or  the  treafurer  for  the  faid  counties  for  the  time  being  ;  for  the  building  a  fortification  or 
fortincatioas  at  or  near  Old  Top -fail  inlet,  for  the  fafety  and  defence  of  that  harbour  ;  and  the  commiffion- 
ers hereafter  named  (hall  have  full  power  and  authority  to  build  the  faid  fortification  or  fortifications,  and 
by  warrant  under  their  hands,  or  the  hands  of  the  major  part  of  them,  to  draw,  from  tiine  to  time,  out  of 
the  hands  of  the  faid  treafurer,  fuch  fum  or  fums  of  money  as  fhall  become  due  to  the  feveral  workmea 
employed  by  them,  in  building  the  faid  fortification  or  fortificatioua  ;  and  the  faid  treafurer  is  hereby  re- 
quired, on  fuch  warrant  or  warrants  being  produced  to  him,  to  piy  the  fame  accordingly. 

V.  And  be  it  further  enacted.  That  his  Excellency  the  Governor  and  Commander  in  chief  for  the  time  be- 
ing, Mr.  Thomas  Lovick,  Mr.  Arthur  Mabfon,  Mr.  John  CUtherall,  and  Mr.  Jofeph  Bell,  be,  and  are  here- 
by appointed  commiffioners  for  erefting  and  building  the  faid  fortification  or  fortifications. 

VI.  And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  fum  of  five  hundred  pounds  fhall  be  de- 
pofited by  the  faid  commiffioners,  in  the  hands  of  the  treafurer  of  the  fouthern  counties  aforelaid,  or  the 
Treafurer  of  the  faid  counties  for  the  time  being,  for  the  building  a  fortification  at  or  near  Bear  Inlet,  for 
the  fafety  and  defence  of  that  harbour  ;  and  the  commiffioners  hereafter  named,  fhall  have  full  power  and 
authority  to  build  the  faid  fortification,  and,  by  warrant  under  their  hands,  or  the  hands  of  the  major  part 
of  them,  to  draw,  from  time  to  time,  out  of  the  hands  of  the  faid  treafurer,  fuch  fum  or  fums  of  money  as 
fhall  become  due  to  the  feveral  workmen  ernployed  by  them,  in  building  the  faid  fortification  ;  and  the 
faid  treafurer  is  hereby  required,  on  fuch  warrant  or  warrants  being  produced  to  him,  to  pay  the  fame  ac- 
cordingly. 

VII.  And  be  it  further  enaSIed,  That  his  Excellency  the  Governor  and  Commander  in  chief  for  the  time 
being,  Mr.  Samuel  Johnfton,  Mr.  Edward  Ward,  Jun.  Mr.  Stephen  Lee,  and  Mr.  John  Starkey,  be,  and 
are  hereby  appointed  commiffioners,  for  ere£ling  and  building  the  faid  fortifications. 

Vill.  Ani  be  it  enacted,  That  the  fum  of  two  tlioufand  pounds  fhall  be  depofited  by  the  faid  commiffH 
oners,  in  the  hands  of  the  treafurer  of  the  fouthern  counties  aforefaid,  or  the  treafurer  of  the  faid  counties 
for  the  time  being,  for  the  building  a  fortifieation  at  or  near  the  mouth  of  Cape- Fear  river,  for  the  fafety 


md  defence  of  that  harbour  ;  and  that  the  cornmifitoners  appointed  by  an  a£l:  of  the  General  Aflembly,     1748.     79 
.  ntituled  «  An  z€t  for  eredrng  a  fortification  on  the  lower  part  of  Cape-Fear  river,  for  applying  thereto  the  u*-v*«J 
i;«  powder  money  already  arifen,  or  which  (hall  arife,  by  {hipping  coming  into  the  port  of  Brunfwick,  to  be  Commission- 
[|«  laid  cut  and  applied  tojvards  building  a  fortification  at  Cape-Fear,"  ftiall  have  full  power  and  authority,  *^"'     ■ 
3y  warrant  under  their  hands,  or  the  hands  of  the  major  part  of  them,  to  draw,  from  time  to  time,  out  of 
':he  hands  of  the  faid  treafurer,  fuch  fum  or  fums  of  money  as  fliall  be  due  to  the  feveral  workmen  employ- 
ed by  them  in  building  the  faid  fortification  ;  and  the  faid  treafurer  is  hereby  required,  on  fuch  warrant 
or  warrants  being  produced  to  him,  to  pay  the  lame  accordingly  ;  and  the  faid  treafurers  (hall  be  allowed  Treasurers  al- 
Ibne  per  cent,  for  receiving  the  faid  money,  and  paying  the  fame  out  again,  as  aforefaid.  lowance. 

!  IX.  And  be  it  further  enaEled  by  the  authofity  aforefaid.  That  Eleazer  Allen,  Edward  Mofeley  and  Samuel  Commksicners 
iSwann,  Efqrs.  and  Mr.  John  Starkey,  are  hereby  appointed,  authorifed  and  impowered  commiffioners,  to  buis*of3f. 
jftamp  and  make  out,  or  caufe  to  be  ftamped,  with  copper-plates,  and  figned  with  their  hand?,  public  bills  of 
credit  of  this  province,  to  the  amount  of  twenty  one  dioufand  three  hundred  and  fifty  pounds,  at  the  rate 
lof  proclamation  money  j  that  is  to  fay,  two  thoufand  bills  of  four  pence  each,  two  thoufand  bills  of  eight 
Ipence  each,  two  thoufand  bills  of  one  fhilUng  each,  two  thoufand  of  eighteen  pence  each,  two  thoufand, 
iof  two  (hillings  each,  two  thoufand  of  two  {hillings  and  fix  pence  each,  two  thoufand  of  three  {hillings, 
leach,  two  thoufand  of  five  {hillings  each,  two  thoufand  of  fix  fhillings  each,  two  thoufand  of  feven  {hil- 
jlings  and  fix  pence  each,  two  thoufand  of  nine  fhillings  each,  two  thoufand  of  ten  {liillings  each,  two  thou- 
jfand  of  fifteen  {hillings  each,  two  thoufand  of  twenty  {hillings  each,  two  thoufand  of  thirty  {hillings  each, 
[two  thoufand  of  forty  {hillings  each,  and  two  thoufand  of  three  pounds  each. 

X.  And  be  it  further  enaEied  by  the  authority  aforefaid.  That  when  the  aforefaid  bills  are  ftamped  and  fign-  ^""T*"*^*^"^ 
ed,  the  commiffioners  aforefaid  {hall,  within  twelve  months^  exchange  the  bills  now  current,  after  the  rate^''^  *"2i    • 
©f  one  {liilling,  for  feven  (hillings  and  fix  pence,  of  thofe  which  are  at  prefent  current ;  which  difference  of 

feven  {hillings  and  fix  pence,  for  one  {hilling,  proclamation,  hath  continued  for  divers  years  paft,.and  is 
at  prefent  the  true  difference  ;  and  that  after  the  expiration  of  the  twelve  months  aforefaid,  the  prefent  bills 
of  credit  fl>all  not  be  exchanged,  nor  {hall  be  a  tender  or  taken  in  any  payment  whatfoever. 

XI.  And  be  it  further  enaSied  by  the  authority  aforefaid.  That  out  of  the  reft  of  the  paper  currency,  to  be  Puhlic  debts  to 
ftamped  and  emitted  by  this  ad,  the  feveral  perfons  to  whom  the  public  is  debtor,  according  to  the  fchedule  ^^  P'^^^'^^^^'g^.s^ 
hereunto  annexed,  ftiall  be  paid  the  fum»  refpeftively  doe  to  them  by  the  commilfioners  aforefaid.  fo  foon 

as  the  fame  may  be  conveniently  done,  after  the  bills  by  this  a<a  to  be  emitted,  (hall  be  ftamped  and  {^ned, 
of  which  the  commiffioners  aforefaid  are  to  give  truly  and  proper  notice,  by  advertifments,  fet  up  at  the 
feveral  court-houfes  in  this  government,  that  they  will  attend  at  Newbern,  to  exchange  the  faid  bills,  and 
pay  off  the  public  debts,  during  the  fitting  of  the  two  next  fucceeding  general  courts,  after  fuch  notice  fet 
up  as  aforefaid. 

XII.  And  be  it  further  enoHed  by  the  authority  aforefaid^  That  the  bills  of  credit  to  be  emitted  by  this  aa.  Bills  emitted  a 
{hall  be  current,  and  a  lawful  tender,  in  all  payments  whatfoever,  as  proclamation  money,   or  as  fterling  ^«""^'''  "'^• 
money,  at  the  proper  di{Ference  there  is  between  proclamation  money  and  fterling  \  that  is  to  fay,  at  four 

fhillings,  proclamation  money,  for  three  {hillings  Iterling. 

XIII.  And  be  it  further  enaSied  by  the  authority  aforefaid,  That  if  any  perfon  or  perfons  fliall  counterfeit.  Penalty  on 
alter  or  erafe,  any  of  the  public  bills  of  credit  of  this  province,  or  Oiall  aid  or  affift  in  counterfeiting,  alter-  counterfeiters, 
ing  or  erafing  fuch  bills,  on  fhall  utter  any  of  the  faid  bills,  knowing  them  to  be  fo  counterfeited,  altered  or 

erafed,  fuch  perfon  or  perfons  fo  offending,  fhall,  for  the  firfto{Fence,  be  whipped,  at  the  difcretion  of  the 
court,  not  exceeding  forty  lafties,  and  ftand  in  the  pillory  two  hours,  and  have  both  ears  nailed  to  the  pil- 
lory and  cut  ofF ;  and  for  the  fecond  offence,  be  deemed  a  felon,  without  benefit  of  clergy,  and  fhall  be  ad- 
judged ih'd  fufFer  accordingly.  ♦  •      n.   .•    n  j 

XIV.  Afid  be  it  further  enacted  by  the  authority  aforefaid.  That  after  the  feveral  fums  by  this  a^  direfted  Remainder  of 
to  be  emitted  and  paid,  fhall  have  been  fet  apart  for  the  purpofes  before  mentioned,  the  refidue  and  re-  the  public  mo- 
mainder  of  the  aforefaid  fum  of  twenty-one  thoufand  three  hundred  and  fifty  pounds,  fhall  be  and  remain  j^^^]^"^** 

in  the  cuftody  and  keeping  of  Mr.  John  Carruthers,  in  Newbern,  in  a  ftrong  cheft,  well  fecured  with 
iron,  with  three  diftitia  locks  :  the  key  of  one  to  be  kept  by  the  Governor  for  the  time  being,  another  by 
the  Secretary  for  the  time  being,  the  third  by  the  Speaker  of  the  AfTembly  for  the  time  being,  fo  as  the 
fame  bills  of  credit  may  be  always  ready  to  defray  the  contingent  charges  of  government,  as  the  Govern- 
or, Council,  and  General  AfTembly,  fliall  dired  and  the  fame  cheft  fliall  not  be  opened  for  iffuing  the  bills 
of  credit,  but  m  the  prefence  of  the  feveral  perfons  with  whom  the  keys  are  by  this  ad  intrufted,  unlefs 
.otherwife  ordered  and  direded  by  the  General  Aflembly. 


80     IT^S.        XV.  And  be  It  further  enacted  by  the  authority  afore/aid.  That  the  fura  of  one  (hilling,  fproclamation  nio- 
i-*^vsj  nej',  be  annually  levied  on  every  taxable  perfon  within  this    province,    and  be  collected  by   tlie  Sherift 
Tax  laid  for     of  every  rerpe(Aive  county  and  fhall   be  paid,  in  gold,   filvsr,   or  bills  of  credit,  on  or  before  the  firft 
b"ls  "^  ^'"^      day  of  March,  yearly  ;  and  that  all  perfons  neglecfting  to  pay  the   faid  tax,  at  the  time  by  law   limited. 
Distress  on      A^aH  be  liable  to  fuchdiftrefs  to  be  made  by  the  fheriff,  as  for  non-payment  of  other  taxes  *,  and  the  faia 
iionpavment.    fheriff  of  each  and  every  county,  on  or  before  the  tenth  day  of  June,   yearly,  (hall  return  a    lift  of  taxa» 
Sherifltore-      bles,  and  alfo  account,    upon  oath,    and  pay  into  the  hands  of  the  public  treafurer  of  the  refpeftive  coun- 
taxabies,  and    ties,  all  fuch  fums  of  money  as  he  (hall  have  received  by  virtue  of  this  a£l,   under  the  penalty  of  two 
account  with    hundred  pounds,  proclamation  money,   for  every  default ;   which  faid  penalty  fhall  be  recovered,   by  ac* 
•  Oie  treasurer,    j-jg^  of  debt,  bill,  plaint,   or  information,  in  the  fupreme  court  of  this  province,   by  any  perfon  who  fhall 
'^*  fue  for  the  fame  ;  wherein  no  eflblgn,  injunftion,  piote£tion,  or  wager  of  law,    ihall  be  allowed  or  adis 

rnltted  of;  the  one  moiety  to  him  or  them  who  (hall  fue  for  the  fame,  the  other   to  be  applied  by  th^i 
General  Affembly  of  this  province  for    the  ufe  the  tax  by  this  aft  is  intended  :  And  the  faid  Affemblj^') 
fhall  caufe  the  faid  bills  fo  paid  in,  to  be  annually  burnt  and  deftroyed,  until  the  whole  currency  fliall  be  funkv, 
County  treasur-      XVI.  And  whereas  there  are  divers  confiderable  fums  of  loan  money  due  and  unpaid,  and  the  powefi 
ers  comakedis-  of  the  treafurers  to  make  diftrefs  is    already  expired  ;  therefore,  Be  it  enacted.  That  the  feveral  and  ref«, 
''^**-  peftive  county  treafurers,  their  heirs,  executors,  or  adminiftrators,  fhall,  and  are  hereby  empowered  ani, 

authorifed,  at  any  time  hereafter,  to  make  diftrefs  of  all  goods  and  chattels  of  perfons  who  are  indebted 
for  any  loan  money,  or  for  want  of  fuch  goods  and  chattels,  to  feize  and  difpofe  of  fuch  mortgaged  lands, 
in  order  to  difcharge  fuch  fum  or  fums  due  and  in  arrear  on  fuch  mortgages ;  the  expiration  of  any  law 
to  the  contrary,  notwithftanding, 
T.?a-,urertoa«-      ^.VIL  And  be  it  further  enacted  by  the  authority  aforefaid,  That  the  feveral  county  treafuriers,  their  heirs, 
count,  Sec.         executors,  or  adminiftrators,  fliall  pay,  to  the  public  treafurer  of  the  refpeftive  counties  in  this  province, , 
all  the  bills  of  credit  now  in  their  hands,  or  which  hereafter  fliall  be  by  them,  or  any  of  tlieni,  refpedive- 
ly  received  ;•  and  the  faid  public  treafurer  fhall  account  with,  and  pay  to  the  General  Aflembly,all  fuch 
fums  of  money  as  they  fhall  receive  in  virtue  hereof ;  which  lliall  be  burnt  and  deftroyed :  And  the  clerk 
of  the  AfTembly  fhall  keep  a  fair  account  of  all  monies  that  (hall,  from  time  to  time,  be  paid  in  and  bu-mt. 
Corrmissicncrs'      XVIIl.  And  be  it  further  enaBed  by  the  autherity  aforefaid,  That  the  commiftioners  heroin  before  appoint- 
bond.  ed,  fliall,  before  they  enter  upon  the  Execution  of  their  refpeftive  ofRces,  give  in  bond,  to  his  Excellen- 

cy the  Governor,  for  the  ufe  of  the  public,  in  the  fum  of  three  thoufand  pounds,    proclamation   money, , 
each  for  the  dvte  and  faitlifiil  execution  of  his  office,  according  to  the  true  intent  and  meaninp;  of  this  ad. 
AJlowKiice.  XIX.   And  be  it  enaBed  by  the  authority  aforesaid.  That  the  faid  commiflioners  fliall  have  and  receive    for> 

their  ftamping,  exchanging,  and  paying  out  the  faid  bills   of  credit,  the  fum  of  five  hundred  pounds,  > 
proclamation  money.  , 

A<ns  ff  pea'ed.        ^^-  ^'^'^  ^^  '^  enacled,  That  the  aft,  entitled,  An  aft  laying  a  tax  for  finking  the  now  current  bills  of 
credit;  and  alfo  the  aft,  entitled,  An  a£l:  for  facilitating  the  navig;U:ion  of  the  feveral  ports  of  this  pro--. 
vince,  and  for  bnoying  and  beaconing  the  channels  lea;'. in g  from  Ocacock,  to  Edenton,  Bath-town,  and 
Ne^'/Kern,  and  from  lopfall  inlet,  to  Beaufort -town,  ?ind  other  ports  and  inlets  v/ithin  the  faid  province,^, 
herein  mentioned,  and  for  providing  fuiHcient  pilots  for  the  fnfe  cotiduft  of  veftels  ;  and  al|b  the  aft,  for 
raifing  a  public  magazine  of  ammunition,  upon  the  tonnage  of  all  veflels  trading  to  this  government ;  and, 
every  claufe  andclaufes,  articleand  articles  of  them  ;  and  alfo  the  claufe  of  qn  a<^t,  entitle*!,  An  aft  fo^'l 
appointing  cgmminioners  to  revife  and  print  the  laws  of  this  province,  and  for  granting  to  his  Majefty,  for' 
defraying  the  charge  thereof,  a  duty  on  wine,  rum,  and  difbiled  liquors,  and  rice  in-ported  into  tlii?  go- 
vernment, fo  far  as  it  relates  to  the  collefting  and  receiving  the  faiid  duties  en  wire,  rum,  and   diftilled 
liquors,  be,  and  are  hereby  feyeraJIy  repealed,  and  declared  void,  as  if  the  fame  bad  neyer  been  nlide.      J! 

TH?:   Tll'LES    OF   THE   PRiVaTE    ACTS. 

5  Aa  ail  for  laying  a  tax  oa  tlie  inhabitant's  of  Granville  cotm-    9  An  aa.to  alter  tlve  times  for  holoing  the  courts  for  tlig  county 
ty,  and  for   appointing  co-rimiBsioneis  to  complete  and  ol  New- Hanover. 

*  Knishijie  public  buildings  alr«ad/ begun  ill  the  said  <?ounty. 

Signed  by  GABRIEL  JOHNSTON,  I.iq,  Governor, 
Nathanmi.  Rict,  Prefidcnt. 
Samuel  Sv.  ann.  Speaker. 


2,  17i3.  81 


At  a  General  Assembly,  held  at  Newbern,,    the   Fifteenth  Day  of  Oaobcr  in  f^,^^l^.^^^ 
the  Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Forty-eight.        t.^q  <iov.r' 


Am  jtS  for  defraying  the  expence  of  the  members  of  hh  M.ajtjlfs  HtmuraUe  Cmncil,   and  the  members  of  the  CHAP.  2. 
General  Affembly  of  this  province,  in  their  traveliing  to,  fronty  and  attending  at  thf  faid  AJJemhliesi  and  to 
compel  their  attendance,  (a) 

An  aEifor  afcertaining  the  bounds  of  a  certain  traB  of  land  formerly  laid  mt  by  treaty  to  the  ufe  of  the  Tufkarora  In-  chap.  3. 

dians,  fo  long  as  they,  or  any  of  them,  Ihall  occupy  and  live  upon  the  fame  j  and  to  prevent  any  perfon  or  perfotis  An  e  p  23. 

taking  up  lands,  or  fettling  inithin  the  faid  bounds,  by  pretence  of  any  purchafe  orpurchafes  made,  or  that  fhall  be  j^^g'  j'^' 

made,  from  the  faid  Indians.  X7&0,  Tj. 

"W  7  HERE  AS  complairtts  are  made  by  the  Tuflcarora  Indians,  of  divers  incrpachments  made  by  the  ^n-  Vol.  2. 194. 
W     glilh  on  their  lands,  and  it  being  but  juft  that  the  ancient  inhabitants  of  this  province  (hall  have 
and  enjoy  a  quiet  aad  convenient  dwelling-place  in  this  their  native  country  ;  wherefore, 

II.  We  pray  that  it  may  l?e  enafted,  and  be  it  enaSled,  by  his  Excellency  Gabriel  Johnflon,  Efq ;  Governor,  by 
and  ivith  the  advice  and  confent  of  hit  Majeiifs  Council  and  General  Affembly  of  this  province,  and  it  is  hereby  en- 
ured by  the  authority  tfthefapu,  That  the  lands  formerly  allotted  the  Tuflcarora  Indians,  by  foleran  treaty, 
lying  on  Morattock  river,  in  Bertie  .county,  being  the  fame  whereon  they  now  dwell,  butted  and  bounded  Boands  con« 
as  follows,  viz.  beginning  at  the  mouth  of  Quitfnoy  fv/amp,  running  up  the  faid  fwamp  four  hundred  and  "'^"'^''* 
tlnrty  polci  to  a  fcrubby-pak,  near  the  head  of  the  faid  fwamp,  hy  agreat^pring  ;  then  North  ten  degrees 
eaft,  eight  hundred  and  fifty  pole,  to  a  perfimon  tree  on  Raquis  fwamp  ;  then  along  the  fv/amp  and  poco- 
fou  main  courfe.  North  fifty  feven  degrees  -Weft,.two  thoufand  fix  hundred  and  forty  pole,  to  a  hickory  on 
the  eafl  fide  of  the  falling  run,  or  deep  creek,  and  down  the  various  courfes  of  the  faid  run  to  Morattock 
river  j  then  down  the  river  to  the  firfl  flatjon  ,•  j3iall  be  confirmed  and  afTured,  and  by  virtue  of  this  aci, 
is  confirmed  and  afTurediAinto  James  Blount,. chief  of  the  Tufkarora  nation,  and  the  people  under  his  chargcj 
their  heirs  and  fucceflors,  for  ever  ,i  any  law,  ufage,  cuftom  or  grant.tothe  contrary,  notwithflanding. 

Ill    Provided  always.  That  it  fhall  and  may  be  lawful  for  any  perfon  or  perfons,  that  have  formerly  ob-  Persons  having 
tained  any  grant  or  grants,  under  the  late  Lords  Proprietors^  for  any.trafts  or  parcels  of  land  within  the  a-  S""'"*^'  *°*"" 
forefaid  boundaries,, upon  the  faid  Indians  deferting  or  leaving  the  faid  lands,  to  enter,  occupy  and  enjoy  tfon  of  th^^ln- 
.the  fame,  accordingto  the  tenor  of  their  feveral  grants^-  any  thing  herein  to  the  contrary  notwithflanding.  dians. 

IV.  And  be  it  further  enaBed  .by  the  authority  aforefaid.  That  it  fhall  net  nor  may  be  lawful,  for  the  Lord 
Granville's  receiver  to  afk,  have  or  demand,  any  quit-rents  for  any  of  the  faid  tra£l:s  or  parcels  of  land,  ta-  ^"«^'a"?  not  *» 
ken  up  within  the  faid  Indian  boundaries,  as  aforefaid,   until  fuch  time  the  Indians  ha^e  deferted  the  fame,  ^**  q""-««its« 
and  the  patentee  be  in  pofTefTion  thereof;  and  then  only  for  fuch.  rents  as  (hall  from  thence  arife  and  be- 
come due  ;  any  law,  ufage  or  cuftom  to  the  contrary, .notwithftanding. 

V.  And  be  it  further  enaSed  by  the  authority  .afurefaid.  That  no  perfon,  for  any  confideration  whatfoever,  Penalty  on  per* 
(hall  purchafe  or  buy  any  traft  or  parcel  of  land,  claimed,  or  in  poflefTion  of  any  Indian  or  Indians,  but  all  ^°"^  ^"J^^fV 
fuch  bargains  and  fale-fhall  be,  and  are  hereby  declared  to  be  null  and  void,  and  of  none  efFe£l  ;  and  the  difns."  *°    "' 
perfon  fopurchafingor  buying  any  land  ofany -Indian  or Indians,  fliall  further  forfeit  the  fum  of  ten  pounds, 
proclamation  money,  for  every  hundred  acr^s  by  him  purchafed  and  bought  ;  one  half  to  the  ufe  of  the 

public,  the  other  half  to  him  or  them  that  fliall  fue  for  the  fame  ;  to  be  recovered  by  aftion  of  debt,  bill, 
plaint  or  information,  in  any  court  of  record  within  this  government,  wherein  no  efTdin,  protedlion,  injunc- 
tion or  wager  of  .law,  fhall  be  allowed  or  admitted  of, 

(aj   Since  the  revolution,  aiSs  have  passedfrom  time  to  time,  prescribisg  the  allowance  to  the  members  of  the  Council  of  State, 
snd  the  General  Assenjbly,  and  the  General  Assembly  have  usually,  if  not  constantly,  voted  their  own  allowance,  each  session. 
See  aet,  Nov.  1787,  Ghap.  20,  for  compelling  the  attendance  of  the  members  of  the  General  Assembly, 
Vol.  I.  ,Tf 


82  2,  174.8. 


Persons  settled 
on  Indians' 
lands,  to  re- 
move, and  no 
others  to  settle 
there,  Sic 
I'enalty. 


Surveyor's  fee- 


Penalty  for 
ranging  stocks 
en  the  Indians' 
lands, 


VI.  And  be  it  further  enaSled  by  the  authority  aforefaidy  That  all  and  every  perfon  and  perfons,  other  than  t 
the  faid  Indians  who  are  now  dwelling  on  any  of  the"  land  within  the  bounds  above-mentioned,  to  have 
been  allotted,  laid  out  and  prefcribed  to  the  faid  Tuflcarora  Indians,  fliall,  on  or  before  the  twenty  fifth  <iay 
of  March,  next  enfuing  the  ratification  of  this  aft,  remove  him  or  herfelf  and  family  ofl  the  faid  land,  un 
der  the  penalty  of  twenty  pounds,  proclamation  money  :  and  if  any  perfon  or  perfons,  other  than  the  faid 
Indians,  fliall  negleft  or  refufe  to  move  him  oi  herfelf  and  family  off  the  faid  lands,  on  or  befote  the  fliid 
twenty  fifth  day  of  March  next  ;  and  if  any  perfon  or  perfons,  other  than  the  faid  Indians,  fhall  hereafter 
prefume  to  fettle,  inhabit  or  occupy,  any  of  the  faid  lands  hereby  allotted  and  affigned  for  the  faid  Tufkaro- 
ra  Indians  ;  fuch  perfon  or  perfons  fhall  forfeit  the  further  penalty  of  twenty  ftiillings,  proclamation  money 
for  each  and  every  day  he,  fhe  or  they,  (hall  inhabit  or  occupy  any  lands  within  the  faid  Indian  bounds,  af- 
ter the  faid  twenty  fifth  day  of  March  next  j  the  faid  penalties  to  be  recovered  and  applied  in  the  fame 
manner  as  the  penalty  in  this  adl  firft  above  mentioned.  ^  . 

VII.  And  whereas  the  faid  lands  belonging  to  the  Tuflcarora  Indians,  have  been  lately  laid  out  and  new 
marked,  by  George  Goulde,  Efq-  j  Surveyor  general,  at  the  requeft  of  the  faid  Indians  j  Therefore  be  it 
enafted,  That  the  faid  George  Goulde,  Efq  ;  have  and  receive,  for  the  trouble  and  expence  he  hath  been 
at  in  laying  out  and  marking  the  Indians'  land  aforefaid,  the  fum  of  twenty  five  pounds,  proclamation  mo- 
ney ;  to  be  paid  by  the  public  out  of  the  monies  in  the  public  treafury. 

VIII.  And  v/hereas  the  Indians  complain  of  injuries  received  from  people  driving  flocks  of  horfes»  cat- 
tle and  hogs,  to  range  on  their  lands  j  for  remedy  whereof,  Be  it  enaiied.  That  perfons  driving  flocks 
to  range,  or  flocks  adlually  ranging  on  the  Indians  lands,  fliall,  and  are  hereby  declared  to  be  liable  and 
fubje£l  to  the  like  penalties  and  forfeitures,  and  may  be  proceeded  againfl  in  the  fame  manner,  and  fubje£l 
to  the  fa  Tie  recoveries,  as  by  the  law  of  this  province  flocks  driven  or  ranging  upoaany  white  people's  land 
are  liable  and  fubje£l  to  ;  and  the  faid  Indians  fhall  and  may  enjoy  the  benefit  of  the  laws  in  that  cafe 
made  and  provided,  in  the  fame  manner  as  the  white  people  do  or  can  ;  any  law,  ufage  or  cuftom  to  the 
contrary,  notwithflanding. 


CHAP.  4-. 


Lands  to  be 
•registered 
vithin  12 
months,  &c. 


Earl  Granville's 
liknds  also. 


An  a5i  for  forming  a  rent-roll  of  all  the  lands  holden  in  this  province,  for  quieting  the  inhabitants  in  their  poffeffi^m 

ons,  and  for  direBing  the  payment  of  quit-rents,  (a) 
I.  T>  E  it  enaEied  by  his  Lxcellency  Gabriel  Johnflon,  Esq .  Governor^  by  and  with  the  advice  and  confent  of  his 
fj  Majeftfs  Council,  and  General  Ajfetnbly  of  this  province,  and  it  is  hereby  enoBed  by  the  authority  ef the  fame. 
That  all  pf'rfons,  feized  or  pofTefled  or  any  lands  in  this  province,  by  any  title  or  claim  whatfoever,  under 
the  late  lords  proprietors,  fhall,  within  twelve  months  after  this  a£l  fhall  be  pubUfhed,  in  the  manner  as 
is  herein  after  mentioned,  regiller,  or  tender  to  be  regiflered  or  entered,  their  patent,  grant,  or  mefne 
conveyance,  by  which  they  claim,  if  in  his  majefty's  part  of  the  province,  in  the  office  of  the  auditor- 
general,  or  his  deputy,  if  fuch  lands  are  not  already  entered  in  the  faid  office,  for  which  no  fee  or  reward 
(hall  be  taken,  or  with  the  clerk  of  the  county  court  where  fuch  lands  may  lie,  who  fhall  take  and  receive 
the  fum  of  fixteen  pence,  proclamation  money,  for  each  patent,  grant,  or  mefne  conveyance,  or  the 
abflradl  thereof ;  which  abflrafl  fhall  contain  the  buttings  and  Soundings,  or  defcriptions  of  the  faid 
lands  fo  regiflered  or  entered;  and  fhall  likewife  tranfmit  an  exa£l  copy  of  the  fame  patent,  grant,  or 
mefne  conveyance,  or  the  ab(lra£l  thereof,  fo  regiflered,  to  the  office  of  the  auditor-general,  or  his  deputy, 
on  or  before  the  firft  day  of  January,  in  the  year  of  our  lord  one  thoufand  feven  hundred  and  forty-nine, 
under  the  penalty  of  five  pounds,  proclamation  money  ;  to  be  recovered,  by  aftion  of  debt,  in  any  of 
his  Majefliy's  courts  of  record  within  this  province,  by  any  perfon  whatfoever  thit  will  fue  for  the  fame. 
II.  And  be  it  further  enabled  by  the  authority  afonfaid,  Thit  all  perfons  feized  or  pofTefTed  of  any  lands 
within  that  part  of  the  province  granted  by  his  Majefly,  the  feventeenth  day  of  September,  in  the  eighteenth 
year  of  his  reign,  in  the  year  of  our  lord  one  thoufand  feven  hundred  and  forty-four,  unto  the  right  ho- 
nourable John  Earl  Granville,  by  the  name,  flile,  and  title  of  the  honourable  John  Lord  Carteret,  fliall, 
within  twelve  months  after  this  a£l  fhall  be  publiflied,  in  the  manner  as  is  herein  after  mentioned,  enter, 
or  tender  to  be  entered,  their  patent,  grant,  or  mefne  conveyance,  by  which  they  claim  any  fuch  lands, 
in  the  office  of  the  right  honourable  the  Earl  Granville,  at  Edenton,  or  at  the  county  court-houfe  where 
the  land  lieth,  with  fuch  perfon  as  fhall  be  appointed  by  the  faid  Earl's  agent  or  agents,  who  fhall  enter 

faj  This  aA  is  said,  in  Davis's  edition,  to  have  been  repealed;   Du'.  a«  I  have  ro  other  authority  for  that  assertion  I  hare 
thought  proper  to  retain  it. 


the  fame,  or  an  abftraft  thereof,  for  which  no  fee  or  reward  ftiall  be  paid  ;  which  abftraft  fhall  contains,  1743.  83 
the  huttings  and  boundings,  and  defcriptions  of  the  faid  lands.  (-.—v^O 

III.  yiml  Ik  it  further  enoBed  by  the  authority  afcrefaidy  That  all  patents,  grants,  ox  mefne  conveyances  of  I'^^te"'*'  Ro- 
lands, claimed  under  the  lords  proprietors,  which  fliall  not  be  entered,  or  tendered  to  be  entered,  as  afore- "°K*'''"^'^' 
fald,  either  in  the  auditor's  office,  or  the  office  of  the  Earl  Granville,   ftiall  be  deemed  and    taken  to    be 

null  9nd  void,  and  all  the  lands  thereby  granted,  to  be  vacant  lands,  and  fhall  and  may  be  granted  by  his  Exception. 
Majefty,  his  heirs  and  fucceflbrs,  or  by  the  Earl  Granville,  his  heirs  or  alBgns,  to  any  perfon  v/hatfoev- 
er  ;  excepting  the  lands  of  orphans,  or  minors,  who  fhall  be  allowed  twelve  months,  and  after  they  ar- 
rive at  age,  to  enter  the  fame  in  the  auditor's  office,  o-  Njffice  of  the  Earl  Granville;  except  alfo  all 
perfons  now  abfent  in  parts  beyond  the  feas,  who  fb'  oe  allowed  five  years  for  entering  fuch  titles, 
'  m  cafe  they  continue  fo  long  abfent,  but  if  they  arrive  looner,  then  only  eight  months  after  their  arrival. 

IV.  And  for  the  better  afcertaining  a  yearly  rent-roll  to  his  Majefly,  and  Earl  Granville,  and  for  the  is-  Register  to 
curing  the  quit-rents  for  fuch  lands  as  fhall  hereafter  be  transferred  from  one  perfon  to  another,  by  mefne  transmit  a  list 
conveyance,  or   will;   Be  it  further  enacted  by  the  authority  aforefaid.  That  the  public  regifler  in  each  and  °     j/^"?" 
every  county  within  this  province,  fhall,  on  or  before  the  firft  day  of  February,  yearly,  and  every  year,,  auditor,  &c. 
tranfmit  to  the  office  of  his  Majelly's  Auditor-General,  or  his  deputy,  or  to  the  agents  of  the  Lord  Gran-  Penalty, 
ville,  if  the  lands  He  in  that  part  of  the  province  granted  to  the  faid  lord  by  his  Majefly,  a  true  and  exa£t 

lifl  of  all  the  lands  fo  conveyed  withjn  fuch  county  for  which  he  is  Regifter,  containing  the  parties'  names, 
the  number  of  acres,  fituation  of  fuch  lands,  and  the  date  of  fuch  conveyance,  under  the  penalty  of  five 
pounds,  proclamation  money,  for  each  negle£l ;  to  be  recovered,  by  aftion  of  debt,  bill,  plaint,  or  in- 
formation, in  any  of  his  Majelly's  courts  of  record  within  this  province,  wherein  no  eflbign,.  proteflion^ 
injunclion,  or  wager  of  law,  fhall  be  allowed  or  admitted  of,  by  any  perfon  who  fhall  fue  for  the  fame  ;. 
for  which  fuch  regifter  fhall  take  and  receive  of  the  party  regiflering,  eight  pence,  proclamation  money, 
for  each  deed  or  mefne  conveyance  :  and  that  the  Secretary  for  the  time  being,  or  his  deputy,  do,  in  like 
manner,  on  or  before  the  firfl  day  of  February,  yearly,  and  every  year,  tranfmit  to  the  office  of  his  Ma- 
jefly's  auditor-general,  or  his  deputy,  or  to  the  agents  of  the  Lord  Granville,  if  the  lands  lie  in  that  part  Copies  of  a'l 
of  the  province  granted  to  the  faid  lord  by  his  Majefly,  a  true  and  exadl  lift  of  all  the  lands  bequeathed  by  "''"*.•  ""'^*'' 
will,  recorded  in  the  fecretary's  office,  containing  the  date  of  the  will,  the  name  or  names  of  the  legatees,  \^  '  ^P^"'"^ 
the  number  of  acres,  and  the  counties  where  fuch  lands  lie,  under  the  like  penalty  ;  to  be  recovered  as  a- 
forefaid  ;  for  which  the  faid  fecretary,  or   his  deputy,  {hall  take  and  receive,  of  the  parties  lodging  fuch 
wills  in  the  fecretary's  office,  eight  pence,  proclamation  money,  for  each  will. 

V.  And  whereas  feveral  perfons  have  been  many  years  in  quiet  pofTeffion  of  lands  in  this  province,  and  20;jrears  pos- 
have,  by  fire  or  otherwife,  loft  their  patents,  grants^  or  mefne  conveyances  of  their  lands  ;  Be  it  enaSted  session  a  good 
by  the  authority  aforefaid^  That  all  perfons  that  have,  or  thofe  under  whom  they  claim,  have  besn  in  aftual  ''^''^  "•"'^^'^  '^^^ 
and  quiet  pofTeffion  of  any  tra£l  or  tra£ls  of  land,  for  the  fpace  of  twenty  years,  next  before  the  ratifica-  stances. 

tion  of  this  aft,  and  fhall  make  proof  thereof  before  the  governor  and  council,  or  general  court,  or  the 
court  of  the  county  where  the  land  lieth,  and  fhall  enter  fuch  proof  in  the  auditor's  office,  or  office  of  the 
Earl  Granville,  in  cafe  the  land  fliall  lie  within  his  territory  or  diftrl£l ;  that  then,  and  from  thenceforth, 
fuch  perfons,  their  heirs  and  affigns,  fliall  quietly  hold  and  enjoy  fuch  tra£l  or  tiadls  of  land,  agJinft  his 
Majefty,  his  heirs  and  fuccefTors,  or  againft  the  faid  Earl  Granville,  his  heirs  and  affigns,  he  or  they  pay- 
ing the  higheft  quit-rents  that  were  afloally  referved  and  made  payable  to  the  late  Lords  Proprietors,  in 
the  refpedlive  counties  where  fuch  lands  lie. 

VL  ksf  Vn.  Providing  for  the  manner  of  paying  quit^ents^  not  thought  neceffary  to  he  inferted. 

Vin.  And  he  it  further  enaSied  by  the  authority  aforefaidy  That  the  record  of  every  patent  or  grant  regif-  Record  of  pa. 
tered  in  the  fecretary's  office,  or  the  abftra£ls  of  them,  entered  in  the  auditor's  office  of  the  Earl  Gran-  ?^"' '°  ^^  goo* 
ville,  or  exemplifications  of  them,  duly  proved,  fhall  be  as  good  and  valid  in  law,  as  if  the  originals  were  *"'*""' 
produced,  and  n»y  be  pleaded  and  given  in  evidence  as  well  as  if  the  originals  were  in  being. 

IX.  And  be  it  further  enaEied  by  the  authority  aforefaidy  That  the  Secretary  fhall  make  out,  and  fend  to  Secretary  to 
the  clerk  of  the  court  of  every  county  in  this  province,  a  copy  of  this  a£l,  within  three  months  next  after  send  a  copy  of 
the  ratification  hereof,  under  the  penalty  of  twenty  pounds,  proclamation  money  -,  and  the  clerk  of  every  '"'*  ^  '°  ^^'* 
county  court  fhall,  the  firft  court  after  the  receipt  of  fuch  copy,  publifli  the  fame,  by  publickly   reading '^'"""^' 
thereof  in  open  court,  the  fecond  d  ly  of  the  fitting  of  the  faid  court,  under  the  penalty  of  uventy  pounds, 
proclamation  money :  the  faid  penalties  to  be  recovered,  by  a£lion  of  debt,  bill,  plaint,  or  information,  in 
any  court  of  record  in  this  province,  by  hunor  them  that  will  fue  for  the  fame. 

AtTa&to  appoint  an  agent,  tojoliai  the  affairs  of  this  prcvime  at  tkejivcral  beards  in  England,  exp.  chap.  5. 


Ante,  p.  7S. 
Allowance  to 
the  coiumis- 
signers. 


8t  2,  n+S.  An  act  to  alter  and  amend  an  act,  entitled.  An  a£l  for  appointing  commilTioflers  to  revife  and  print  the  laws 
'"•""^^^      of  this  province  ;  and  for  granting  unto  his  Majefty,  for  defraying  the  charge  thereof,  a  duty  on  wine, 
CHAP,  7.  rum,  and  diftilled  liquors,  and  rice  imported  into  this  province. 

HEREAS  the  revifmg  and  printing  tfie  laws  of  this  province,  though  fo  very  much  wanted  and 
defired,  hath  hitherto  met  with  unexpefted  delay  :  for  remedy  whereof, 
II.  We  pray  your  moft  facred  Majefty  that  it  may  be  enafted.  And  be  it  enaSltd  hj  his  Excellency  Gahrid 
Johnfon,  Esq.  Governor,  by  and  with  the  advice  and  confent  of  his  Majejly's  Council,  and  General  .^ffembly  y 
this  province,  and  it  is  hereby  enaSled  by  the  authority  of  the  fame.  That  fuch  commiiTioner  or  commiffionera 
only  in  the  above  recited  a£l:  mentioned,  who  (hall  revife  and  compile  the  laws  of  this  province  into  one 
body,  and  make  an  index,  margmal  notes,  and  references  thereto,  ready  to  be  laid  before  the  General 
Aflembly,  by  them  to  be  ratified  and  confirmed,  {hall  have  and  receive,  to  his  and  their  own  ufe,  the.f^lm 
cf  fixty  pounds,  proclamation  money,  in  the  faid  above  recited  law  meiitioned  ;  and  in  order  to  enable  the 
faid  commiflicner  or  commifliotiers  to  procure  an  able  clerk  or  cjerks  to  expedite  the  fame,  he  or  they 
(hall  have  and  receive  the  additional  fum  of  forty  pounds,  proclamation  moripy  ;  to  he  paid  by  th^  Gene- 
ral Aflembly,  out  of  the  duty  already  arifen  by  virtue  of  the  faid  aft  ;'  and  in  cafe  any  deficiency  (hall  hap- 
pen, then  the  faid  commiffioner  or  commiffioners  fhaU  be  paid  the  fame  out  of  the  public  treafury  :  pro- 
vided the  faid  laws  (hall  be  revifed,  compiled,  and  .compleated,  leady  to  be  laid  before  the  General  Af- 
fembly  of  this  province,  within  the  fpace  of  five  months,  next  after  the  ratificatiou.of  this  aQ.,  or  at  the 
firft  meeting  of  the  General  Aflembly  after  that  term,  and  not  otherwife.  ..  / 

to  h  veth  1  ^^^"  '^"'^  ^^  ^^  f"*"^^^^  ^"''^^^  h  ^^^^ ''"^^^'"^^y '*fi^'/''^^i  That  fuch  commifl5oner;or  commimonerg,  who 
Tight  of  vend-  ^^^^  revife  and  compile  the  faid  laws  as  aforefaid,  after  the  jatification  of  the  fame,  (halt  print  them,  to- 
ing  for  5  years,  gether  with  fuch  other  laws  as  fhall  be  pafl^ed  to  the  time  of  fuch  ratification,  and  (hall  have  the  benefit 
and  1001  for  and  advantage  of  the  fole  printing  and  vending  the  faid  books,  for  tiie  fpace  pf  five  years  ;  and  alfo  have 
and  receive,  to  his  or  their  own  ufe,  for  printing  and  delivering  the  feveral  books  of  the  faid  laws,  men- 
tioned in  the  above  recited  z6t,  fo  revifed  and  compiled,  the  fum  of  one  hundred  pounds,  proclamation 
money;  and  may  lawfully  tal:e  and  receive  the  fum  of  t\venty  (hillings,  proclamation  money,  for  each 
bound  book  by  him  or  them  printed  and  fold,  and  no  more.  '     -       '     ' 

IV.  And  be  it  further  enaSfed,  That  the  faid  laws  ib  revifedj  compiled,  and  printed,  by  one.or.more  of 
.the  commiffioners  aforefaid,  and  ratified  by  the  General  AfTembly,  as  aforefaid,  fhall  be  allowed  to  be 
given  in  evidence,  and,  to  all  inteots  an^  rpurpofes,  be  as  good  and,yalid  in  law,  as  though  they  had  been 
Penalty  on ler- revifed,  compiled,  and  printed,  by  all  the  commifTioners,  or  the  rnajority  of  them :  and  all  perfons  are 
sons  offering  hereby  prohibited  to  import  or  vend  any  printed  book  or  books  of  the  faid  laM  s  in  this  province,  other 
than  fuch  per  Ion  or  perfons  as  (hall  be  authorifed  and  impowered  by  the  commiffioner  or  coramifTiQners 
who  aftually  revifed,  compiled,  and  printed  the  fame,  under  the  fame  penalties,  and  to  be  recovered  in  the 
fame  manner,  as  is  prefcribed  in  the  a£t  firft  above  recited,  in  cafe  the  whole  number  of  commiflioners,  or 
the  majority  of  them,  had  revif(^d,  compiled,  and  printed  the  faid  laws  ;  any  law,  or  claufe  of  a  law,  to  the 
contrary,  notwithftandirg. 

THE   TITLES    OF   THE    PRIVATE    A-GTS. 


Commissioners 


printing,  Sec 


Printed  laws 
evidence* 


any  to  tale. 


1.  An  afl  to  appo)r»t  a  convenient  place  for  holding  the  county  6  An  afi  for  the  better  reg'iUting  the   tswn  of  Newbern,   (at 

court  of  Granville,    and  to  empower  the   commissioners  fencing  the  same,  a\ 4  securing  th^:  li; If  s  of  .tlit  several 

hereafter  named,   to  buiid  a  court-housd,  prison,  wid  pejrsous.i^ho.hold  iotsin  the  saifttowr.. 
stocks  ill  the  said  county. 

Signed  by  GABRIEL  JOHNSTON,  Esq.  Gpvermr. 
NATrirA*lEL  Rics,  Prefident, 
S^MyBlL  SwANN,  Sfeaier* 


1749.      85 


At  a  General  ASSEMBLY,  held  at  Newbern,  the  Fourteenth  Day  of  April,  CAMrtr. 
in  the  Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Forty-nine.      J°"^"°='' 


/ti  addit'toml  aB  to  an  eB  entitled  "  An  zGt  for  forming  a  rent-roll  of  all  the  lands  hoMen  In  this  province,  for  chap.  1 ; 

quieting  the  inhabitants  in  their  pofTeflions,  and  for  dire£ling  the  payment  of  quit-rents."  (a)  *ht  &2d  sefls. 

III.*      A    ND  in  order  to  prevent  any  miftakes  that  may  arife,  by  the  receiver-general,  or  the  earl  Gran-  "-'-«e  to  the 

_£\_  villa's  coUeftor  or  receiver,  their  not  knowing  what  lands  are  transferred  from  one  perfon  to  Sneriffs  fees  for 
another  within  this  province,  either  by  will,  me&e  conveyance,  or  other  transfer  }  Be  it  enaBed  by  the  au-  th-reforrno^t" 
tnority  aforefaidy  That  the  deputy-auditor  for  the  time  being,  {hall,  every  fix  months,  tranfmit  to  the  receiv-  inserted, 
er-general  for  the  time  being,  the  fame  extracts  of  all  fuch  legacies,  mefne  conveyances,  or  other  transfers  Auditor  to 
of  land  from  one  perfon  to  another,  as  he  (hall,  from  time  to  time,  receive  from  the  fecretary  of  this  province,  re^-fver-eeiie-* 
or  from  theregilters  of  each  county  refpe£tively,  under  the  penalty  of  two  (hillings  and  fix  pence  procia-  lai,  extrafta  of 
matlon  money,  for  each  extrafl  he  fliall  negleflt  fo  to  tranfmit ;  to  be  recovered  as  other  penalties  are  di-  conveyances, 
teded  to  be  recovered  by  the  afore-recited  aft ;  the  faid  extratls  to  contain  the  names  of  ail  the  parties,  the  ^^'  ^^"*''y« 
number  of  acres  of  land,  where  fituated,  and  at  what  quit-rents  the  faid  lands  are  held. 

IV.  And  he  it  further  enaBed,  That  after  the  regifler  or  fecretary  (hall,  as  before  mentioned,  tranfmit  Devisees  char- 
fuch  lift,  as  aforefaid,  the  perfon  to  whom  fuch  mefne  conveyance  is  made,  or  to  whom  any  fuch  lands  (hall  fuff '^  "■'"* 
be  devifed  by  will,  fliall  (all  arrears  of  quit-rents  being  firft  paid)  only  be  chargeable  with  the  quit-rents  of 
fuch  land,  and  no  other  perfon  whatfoever  :  any  law,  ufage,  or  cuftom,  to  the  contrary,  notwithilanding. 

Ihe  remaining  three  claufes,  relating  only  to  the  manner  of  compelling  payment  ef quit'rentSf  and  fame  drmmlianus 
in  regard  thereto^  are  omitted. 

An  oBfor  the  relief  of  poor  dehtors,  as  to  the  imprifonment  of  their  perfons,  CHAP.  2. 

Rep.by  1773,  4.  which  tho'  itself  repealed  by  proc'amarion,  was  revived  by  aAa,  JCov.  2,  1777,  14.  1,  I778    5 

An  act Jtr  the  tncouragemnt  of  James  Davis,  to  fet  up,  and  carry  en,  his  bujtnefs  of  a  printer,  in  this  chap.  3. 
province-,  andJQr  other  purpo/es  therein  mentiontd.     exp. 

An  aB  direBing  the  method  for  cutting  or  docking  intails  of /mall  eflates.  CHAP.  4, 

WHERE  A.S  divers  perfons  are  feized  of  fmall  and  inconliderable  pieces  of  land,  in  tail,  often  ignor- 
antly,  without  delign,  devifed  in  tail,  by  their  anceftors  ;  and  the  method  of  defeating  fuch  e{lates 
in  fee-tail,  general  or  fpecial,  within  this  province,  by  a£t  of  General  A(rembly,  in  fuch  particular  cafe  to 
be  made  and  provided,  is  found  too  expenfive  for  poor  people  feized  of  fuch  land  to  go  through  with  ;  and 
therefore,  the  docking  intails  by  fome  eafier  method  will  be  a  great  relief  to  fuch  poor  people  and  their  fa- 
milies, whereby  they  vrould  be  enabled  to  purchafe  other  more  improveable  lands  and  flaves  / 

II.  "Wherefore  we  humbly  pray  your  moft  facred  majefty  that  it  may  be  enadied.  And  he  it  enaBed  by  his  Method  of 
Excellency  the  Governor,  Council  and  General  AJfemhly  of  this  province.  That  it  (hall  and  may  be  lawful  for  any  t'ockmg  intails, 
perfon  or  perfons,  feized,  in  fee-tail,  general  or  fpecial,  of,  or  in,  any  lands  or  tenements  within  this  pro- 
vince, not  exceeding  the  value  of  fifty  pounds  fterling  money,  and  not  being  parcel  of,  or  contiguous  to, 
other  intailed  lands  of  the  fame  parties,  to  f^e  out  a  writ,  from  the  fecretary's  oflfice,  in  the  nature  of  an  Ad 
quod  damnum,  direfted  to  the  Sheriff  of  the  county  where  fuch  intailed  lands  lie,  commanding  him  to  en- 
quire, by  good  and  lawful  men  of  his  county,  of  the  value  of  fuch  lands,  and  whether  they  be  parcel  of,  or 
contiguous  to,  other  intailed  lands  of  the  fame  party,  as  aforefaid  \  and  fuch  Sheriff  (hall  return  his  inqui- 
fition  JO  the  faid  office :  and  if  the  faid  lands  (hall  be  found  not  to  exceed  the  value  aforefaid,  and  to  be  a 
feparate  parcel,  as  aforefaid,  then  a  deed  of  bargain  and  fale,  reciting  the  title  of  fuch  inquifition,  (wherein 
a  valuable  confideration  fhall  be  exprefTed,  and,  bona  fide,  paid)  acknowledged  by  a  party,  or  proved  by  two 

fa)  See  aS,  OSi.  1748,  Chap.  4,  Page  82,  and  Note  there. 

Vol.  I.  Z 


66  1749.  witnefTes,  before  the  Chief  Juflice,  or  any  of  the  aflbciate  Judges,  or  in  the  court  of  the  county  vhere  fuchi 
lands  may  lie,  within  fix  months  after  the  date  thereof,  and  regiftered,  within  twelve  months,  in  the  coun- 
ty where  fuch  lands  lie,  Ihall  be  fufhcient  in  law  to  pafs  the  fee-fimple  eftate  of  fuch  lands  to- the  purchafer 
or  purchafers  thereof  ;  and  the  right  of  the  ifiue  of  the  vendor,  and  all  other  perfons  in  remainder  or  re- 
verfion.  fhall  be  barred  in  the  fame  manner  as  the  fame  eftate  might  be  barred  by  fine  and  recovery,- accord* 
ing  to  the  laws  of  England. 

Signed  by  GABRIEL  JOHNSTON,  Efq.  Govermr, 
Nathaniel  Bice,  Prefident. 
Samuel  SwANN,  Speaker^ 


2^1749.  S7 


At  a  General  Assembly,  held  at  Newbern,  the  Sixteenth  Day  of  October,  in  ^''' 
the  Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Forty-nine.       E°sq 


N&TON, 

Esq.  Govemcnr. 


Jlfl  aSi  to  put  irt force  in  this  ptvuincey   the  feveral  Jiatutrs  of  the  kingdom  ofEngfandt  **  Scui&'Britain,  therein  chap    1 ' 

particularly  mentioned*     (a) 

An  aB  fd  revive  d  claufe  in  dri  aB  of  the  (aeneraj  jlffemly  of  this  province,  intituled  «« An  a£J:,  to  fix  a  place  for  chap.  2 
the  feat  of  goVernrtient^  and  for  keeping  public  oiEces  j  for  appointing  circuit  courts,  and  defraying 
the  expences  thereof;  and  alfb  for  eftablifliing  the  courts  of  juft  ice,  and  regulating  the  proceedings  force"""*"" 
ihaein\  pajfed  the  ffth  day  of  Decembery  one  thaufand /even  hundred  and forty-ftx^    EXP^*  See  page  74, 

Jin  additional  aB  to  an  aB  intituled  **  An  aft  to  provide  indifferent  jurymen  in  all  eaufes,both  civil  and  crimi-  chap.  3 
nal,  and  for  an  allowance  for  their  attendance.  Not  now  in 

force. 
An  aB  for  alteriitgy  enplaining  and  continuing  an  aEt  intituled  «  An  a£t  for  the  better  regulating  the  militia  in  chap.  4. 

liiis  government."  Not  now  in 

force. 
An  aB  to  afpoini  a  public  Treafurer^  in  the  room  of  Edward  Mofeley^  Efq  ;  deceafed.     EXP,  chap.  5. 

AnaB  to  confirm  the  fevet'al  aBs  of  AJfembly  of  this  province  therein  mentioned,  as  rewfed  by  the  commifftoners  op-  chap;  6, 
pointed  by  an  aB  of  the  General  Affemhly  of  this  province^  intituled  <'  An  aft  for  appointing  commiilioners  to 
revife  and  print  the  laws  of  this  province,  and  for  granting  unto  his  Majfifty,  for  defraying  the  charge 
thereof,  a  duty  on  wine,  rum  and  diftilled  liquors,  and  rice,  imported  into  this  province  ,-  andfuch  other  y^„te  p.  7S'. 
laws  of  this  province  as  have  been  paffedftnee  the/aid  revifal ;   and  to  direB  the  printing  of  the  faid  laws. 

WH£R£A'S  the  whole  body  of  the  laws  of  this  province,  to  the  feventh  day  of  March,  in  the  year  of 
our  lord  one  thoufand  feven  hundred  and  forty-fix,  have,  in  purfuance  of  the  '*  Aft  for  appoint- 
ing commiffioners  to  revife  and  print  the  laws  of  this  province  \  and  for  granting  unto  his  Majefty,  for 
defraying  the  charges  thereof,  a  duty  on  wine,  rum,  and  di'ftilled  liquors,  and  rice  imported  into  this  pro- 
vince" paflfed  the  feventh  day  of  March^  in  the  year  of  our  lord  one  thoufand  feven  hundred  and  forty-fix  ; 
and  the  "  Aft  to  alter  and  amend  an  aft,  entitled  •*  An  aft  for  appointing  commiffioners  to  revife  and  print 
the  laws  of  this  province  %  and  for  grantir^  to  his  majefty,  for  defraying  the  charges  thereof,  a  duty  on 
wine,  rum,  and  diftilled  liijuors,  and  rice  imported  into  this  province,"  paffed  the  fifteenth  day  of  Oftober, 
in  the  year  of  our  lord  one  thoufand  feven  hundred  and  forty-eight  }  been  carefully  compiled  and  revifed, 
and  the  faid  revifal  laid  before  both  houfes  of  this  prefent  Affembly,  and  approved  of  by  the  faid  houfes  :' 
II.  We  pray  that  it  may  be  enafted.  And  be  it  enaBed  by  his  Excellency  Gabriel  Johnfton,  Efq.  Governor^ 
fy  and  with  the  advice  and  confent  of  his  Majejlfs  Council,  and  the  General  AJfembly  of  this  province,  and  by  the 
authority  of  the  fame.  That  the  feveral  afts  palled  at  a  General  Biennial  Aflembly,  held  at  the  houfe  of  cap- 
tain Richard  Saunderfon,  at  Little  river,  begun  the  feventh  day  of  November,  in  the  year  of  our  lord  one 
thoufand  feven  hundred  and  fifteen,  and  continued,  by  feveral  adjournments,  until  the  nineteenth  day  of 
January,  in  the  faid  year  of  our  lord  one  thoufand  (even  hundred  and  fifteen,  entitled  as  follows,  to  wit. 

Coroners  appointed.        ^  ,      ^    ^,       ^  .     .  .      .         ,  .  .     .    .     ,  Titles  of  aSs 

An  aft  to  direft  the  method  to  be  obferved  in  the  exammation  and  commitment  of  crimmals.  passed  17I5. 

An  aft  to  direft  the  difpofal  of  goods  taken  upon  execution  \  and  for  the  better  regulation  of  diftrelTes  here, 
after  to  be  made  for  levies  and  quit-rents^ 

(a)  1  think  myself  justified  in  not  inserting  this  aa,  as  it  is  ttniyersftB/  acknowkclged  to  have  been  repealed  or  disallowed  Sy 
the  king  in  council,  though  1  havens  authentic  evidence  of  it. 


8i8  2,1^9.  An  z^  concerning  appeals  and  writs  of  error. 

<J<^rNj  An  act  concerning  old  titles  of  land  ;  and  for  limitation  of  a£):Ions,  and  for  avoiding  fults  inlaw. 
Feme  coverts  how  to  pafs  lands. 

An  aft  for  preventing  difputes  concerning  lands  already  furveyed. 
An  a£l:  concerning  efcheat  lands,  and  efcheators. 
An  acl  to  regulate  divers  abufes  in  the  taking  up  cf  lands  •,  and  to  afcertain  the  method  to  Jje  obferyed,  fron\ 

henceforth,  in  taking  up  and  furveying  lands. 
An  TiQ:  for  entering  of  veflels,  and  to  prevent  the  exportation  of  debtors. 
An  aft  concerning  roads  and  ferries. 
An  aft  to  encourage  the  building  of  mills. 
An  a£t  to  appoint  public  regifters,  and  to  direfk  the  method  to  be  obferved  in  conveying  lands,  goods,  and 

chattels  ;  and  for  preventing  fraudulent  deeds  and  mortgages. 
An  a£l  for  afcertaining  the  gauge  of  barrels,  and  to  prevent  frauds  inpork,  beef,  pitch,  and  tar. 
An  a£t  appointing  Toll-Books  to  be  kept  at  or  near  Catherine's  creek,  in  Chowan  precind,  the  head  of  Pe- 
quimons  precin£t,  and  at  the  mouth  of  Northweft  river,  in  Currituck  precmft  ;  and  to  prevent  perfon^ 
from  tranfporting  or  driving  horfes,  cattle,  or  hogs,  toother  perfons'  lands. 
What  fences  are  fufficient, 
Private  burials  prohibited. 
An  aft  concerning  proving  wills,  and  granting  letters  of  adminiftration  ;  and  to  prevent  frauds  in  the 

management  of  inteftates'  eftates. 
An  aft  concerning  orphans. 
An  aft  for  appointing  a  town  in  the  county  of  Bath ;  and  for  fecuring  ^e  public  library  belonging  to  St. 

Thomas's  parifh,  in  Pamplico. 
An  aft  for  reftraining  the  Indians  from  molefting  or  injuring  the  hihabitants  of  this  government  ^  and  fpr 

fecuring  to  the  Indians  fhe  right  and  property  to  their  own  lands, 
Public  treafurers  to  give  account. 

An  aft  empowering  Johanna  Peterfon,  widow  of  Thomas  Peterfon,  late  of  Albemarle  county,  Efq,  to  make 
fale  of  certain  lands,  late  belonging  to  the  faid  1  homas  Peterfon  ;  and  to  make  other  provifion  for  Anna, 
the  daughter  of  the  faid  Thomas  Peterfon,  to  whom  the  faid  lands  do  defcend. 
An  aft  confirming  the  titles  of  fundry  perfons  who  have,  or  hereafter  may  purchafe  lands  of  colonel  Tho- 
mas Gary,  In  Bath  county. 
A<!ls  passed  i^nd  th^  law  pafl^d  in  the  year  pf  our  lord  one  thpufand  feven  hundred  and  twenty,  entitled  as  follows, 

^'^^^-  to  wit,  . 

An  aft  to  confirm  a  decree  made  in  the  court  of  chancery  of  this  prpvince,  upon  9  tjiH  of  complaint  exhl- 
bited  by  William  Ducken field,  Efq, 
^'^^-  And  the  laws  pafled  at  a  General  Biennial  Affembly,  held  at  Edenton,  in  Chowan  precinft,  begun  the  fe* 

cond  day  of  Oftober,  and  continued,  by  feveral  adjournments,  to  the  nineteenth  day  of  Oftokcr,  in  the  year 
of  our  lord  one  thoufand  feven  hundred  and  twenty-two,  ent  tied  as  follows,  to  wit. 
An  aft  for  a  road  from  Core^point  to  Newborn,  on  f-Jeufe-river, 
An  additional  aft  to  an  aft  entitled  **  An  aSi  appointing  Toll- Books." 
An  aft  appointing  that  part  of  Albemarle  county,  lying  on  the  weft  fide  of  'Chowan  river,  to  be  a  precinft, 

by  the  name  of  Bei'tle  precinft. 
An  aft  appointing  that  part  of  the  fouthweft  parifh  of  Chow^an,  that  lies  on  the  fouth  fhore,  and  Alligator, 
to  be  a  diftinft°pari{h,  by  the  name  of~the  fouth  parifh  of  Chowan  }  and  for  appointing  Veftrymen  for 
the  fame  parifti. 
An  aft  for  fettling  the  precinft  courts,  and  court-houfes. 

And  the  laws  pafled  at  a  General  Bieimial  Aflembly,  held  at  Edenton,  the  twenty-third  day  of  Novem^ 
ber,  in  the  year  of  our  lord  one  thoufand  feven  hundred  and  twenty/-three,  entitled  as  follows  ; 
An  aft  for  fettling  the  titles  and  bounds  of  lands. 
An  aft  for  an  additional  tax  on  all  free  negroes,  mulattocs,  muftees,  and  fuch  perfon,  male  and  female,  as 

how,  or  hereafter  {hall  be  Intermarried  with  any  fuch  perfons  refident  in  this  government. 
An  additional  aft  to  an  aft,  entitled,  An  aft  concerning  proving  wills,  and  granting  letters  of  adminiftration 

and  to  prevent  frauds  in  the  management  of  inteftates'  eftates, 
An  aft  to  reftrain  the  keeping  too  great  a  number  of  horfes  and  mares,  and  for  amending  the  breed; 


An  afk  fot  the  better  fettling  of  the  town  of  Newbern,  In  the  precind  of  Craven.'  2, 174.9.  89 

An  a£t  for  incorporating  the  fea  port  of  Beaufort,  in  Carteret  precinft,  into  a  townfliip  by  the  name  of  i 
Beaufort. 
And  the  law  pafled  at  a  General  Biennial  Aflembly,  held  at  Edenton,  the  fixth  day  of  November,  in  the  1727, 

year  of  our  lord  one  thoufand  feven  hundred  and  twenty-feven,  entitled  as  follows,  to  wit. 

An  aft  fo  appoint  the  northweft  parifh  of  Bertie  precin£l,  a  diftinft  parifli,  by  the  name  of  the  northweft 
parifh  of  Bertie  precinft,  and  for  appointing  veftrymen  for  the  faid  parifh  ;  and  to  appoint  commiflion- 
ers  in  every  parifti  in  this  government,  to  call  the  churchwardens  and  veftry  to  account,  for  the  pariHi 
money  by  them  received. 

And  the  laws  pafled  at  a  General  Biennial  Aflembly,  held  at  Edenton,  the  twenty-feventh  day  of  No- 
vember, in  the  year  of  our  lord  one  thoufand  feven  hundred  and  twenty-nine,  entitled  as  follows  ;  ^'^'^^' 

An  aft  for  the  more  quiet  fettling  the  bounds  of  the  Meherrin  Indian  lands. 

An  a(fi  to  make  Hyde  precinft  feparate  from  Beaufort  precindi,  with  power  of  erefting  a  court-houfe,  and 
holding  courts. 

An  aft  t®  appoint  that  part  of  Albemarle  county  lying  on  the  fouth  fide  of  Albemarle  found,  and  Morrat- 
tock  river,  as  high  as  the  •  ainbow  banks,  to  be  a  preeinft,  by  the  name  of  Tyrell  precinft. 

An  additional  aft  to  an  aft:  for  appointing  toll-books  ;  and  for  preventing  people  from  driving  horfes,  cat- 
tle, or  hogs,  to  other  people's  lands. 

An  aft  for  the  more  effeftual  and  fpeedy  putting  in  execution  the  aft  for  fettling  the  titles  and  bounds  of 
people's  lands. 

An  aft  to  confirm  Bath-town  common. 

An  aft  for  regulating  vefliries  in  this  goverrmient,  and  for  the  better  infpefting  the  veftrymen  and  church- 
wardens' accounts,  of  each  and  every  parifh  in  this  government. 
And  the  laws  pafled  in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  thirty-four  as  follows,  to  1''34, 

wit. 

An  additional  aft  to  an  aft  concerning  roads  and  ferries. 

An  aft  to  confirm  and  eftablifh  the  precinfts  of  Onflow  and  Bladen,  and  for  appointing  them  diftinft  pa- 
rifhes. 
And  the  laws  pafl"ed  at  a  General  Aflembly,  held  at  Newbern,  the  fixth  day  of  March,  in  the  year  of  ~^^' 

our  Lord  one  thoufand  feven  hundred  and  thirty-eight,  entitled  as  follows,  to  wit, 

An  aft  for  appointing  Sheriffs  in  the  room  of  marftials  of  this  province,  for  prefcribing  the  method  of  ap- 
pointing them,  and  for  limiting  the  time  of  their  continuance  in  office,  and  direfting  their  duty  therein  j 
and  for  abolifhing  the  pflBce  of  Provoft-Marfliall  of  this  province,  and  for  altering  the  names  of  the  pr«» 
cinfts  into  counties. 

An  aft  to  prevent  killing  deer  at  unfeafonable  times. 

An  aft  for  appointing  a  town  on  the  plantation  whereon  William  Webfter  now  dwelleth,  in  Hyde  precinft 
on  the  weft  fide  of  Matchapungo  river. 
And  the  law  paflTed  the  eighth  day  of  March,  in  the  year  laft  abovefaid,  entitled. 

An  aft  to  fupply  the  defefts  of  an  aft  pafled  laft  feflion  of  Aflembly,  entitled  "  An  aft  for  appointing  She- 
riffs in  the  room  of  Marfligls  of  this  province,  for  prefcribing  the  method  of  appointing  them,  and  for 
limiting  the  time  of  their  continuance  in  office,  and  direfting  their  duty  therein  ;  and  for  aboliftiing  the 
office  of  Provoft-Marflial  of  this  province,  and  for  altering  the  names  of  the  precinfts  into  counties." 
And  the  laws  paflTed  at  a  General  Aflembly,  held  at  Newbern,  the  twenty-fifth  day  of  February,  in  the  ^'^^• 

year  of  our  Lord  one  thoufand  feven  hundred  and  thirty-nine,  entitled  as  follows,  to  wit. 

An  aft  for  prefcribing  the  method  of  proving  book-debts. 

An  aft  for  erefting  the  village  called  Newton,  in  New-Hanover  county,  into  a  town  and  townftiip,  by  the 
name  of  Wilmington. 
And  the  laws  pafl"ed  at  a  General  Aflemby,  held  at  Edenton,  the  twenty-firft  day  of  Auguft,  in  the  year  IT40, 

of  our  Lord  one  thoufand  feven  hundred  and  forty,  entitled  as  follows,  to  wit. 

An  aft  for  confirming  the  titles  to  the  town  lands  of  Edenton,  for  fecuring  the  privileges  heretofore  gran- 
ted to  the  faid  town,  and  for  the  further  encouragement  and  better  regulation  thereof. 

An  aft  to  enable  the  commiflioners  herein  after  appointed,  to  ereft  and  finifh  a  church  at  Newbern,  in 
Craven  county  and  parifli,  in  the  province  aforefaid,  and  for  the  better  regulating  the  faid  town  ;  and 
other  purpofes  therein  mentioned. 
Vol.  L  a  a 


90  2, 1749.  An  aft  to  enable  tlie  commiffioners  herein  after  Aientidned,  to  fin'ifh  the  church  already  begun  at  E(??nton. 
\ai«*V**»  An  aft  for  the.  further  and  better  regulation  of  the  town  called  WilmingtoB,  in  New-Hanover  county,  and 
to  eftaWilb  the  church  of  the  parilli  of  St.  James,  to  be  built  in  the  laid  town. 

An  aft  for  the  more  effeftual  eftablifhing  a  ferry  from  Bafh-town  to  Core-point,  &c. 

An  aft  to  exempt  the  inhabitants  of  Bath-town  from  workipg  on  the  public  roads,  and  to  oblige  the  faid 
inhabitants  to  clear  and  keep  the  ftre^ts  of  the  faid  town  clear  and  in  good  order. 

An  aSl  to  enable  the  Juflices  of  Tyrell  county,  to  build  a  wa.ehoufe  on  Scuppernong,  for  receiving  of  his 
Majefty's  quit- rents. 

An  aft  for  granting  an  aid  to  his  Majefty,  to  defray  the  expences  of  tranfporting  the  feyeral  troops  inlifted 
in  hij  Majefty's  fervice  in  this  colony,  and  to  afcartain  the  method  of  paying  all  tiiitee  aftd  levies  in  com- 
modities ;  and  for  other  purpofes  therein  mentioned. 
1741.  And  the  laws  pafied  at  a  General  Aflembly,  held  at  Edenton,  the  fourth  day  of  April,   in  the  year  of 

our  Lord  one  thoufand  feven  hundred  and  forty-one,  entitled  as  follows,  to  wit: 

An  adt  concerning  marriages. 

An  aft  to  make  and  confirm-that  part  of  the  maift  rOad,  leading  from  Bennet's  creek  bridge  to  Virginia, 
joining  to  Mr.  Henry  Baker's,  in  Chowan  county,  altered  for  the  cbhvenifency  of  the  public  by  the  ad- 
jacent inhabitants,  to  be  the  main  and  public  road. 

An  aft  to  appoint  conftables. 

An  aft  to  confirm  and  ereft  that  part  of  the  province  of  North'Carolina,  called  Edgcomb  county,  into  a 
county,  by  the  name  of  Edgcomb  county,  and  eftablifhing  the  faid  county  a  parifh  j  and  for  afcertaining 
the  boundary  line  between  the  Northweft  and  Society  pariflies,  in  Bertie  county. 

An  aft  to  prevent  dealing  of  cattle  and  hogs,  and  altering  and  defacing  marks  and  brands,  and  mifmarking 
and  mifbranding  horfes,  cattle  and  hogs,  unmarked  and  unbranded. 

An  aft  for  afcertaining  the  boundary  line  between  Tyrell  county  and  Beaufort  county  ;  and  between  Edg- 
comb county,  and  Tyr  11  and  Beaufort  counties. 

An  aft  for  reftraining  the  taking  of  excelTive  ufury. 

An  aft  for  appointing  and  laying  out  a  town  on  or  near  Mittam's  point,  on  the  fouth  fide  of  New-river,  iii 
Onflow  county,  by  the  name  of  Johnfton. 

An  aft  to  prevent  the  taking  of  boats,  canoes,  or  pettiaguas,  from  landings,  or  elfewhere  without  leave. 

An  aft  for  the  better  obfervation  and  keeping  the  Lord's  day,  commonly  called  Sunday  .•  and  for  themore 
effeftual  fupprefTion  of  vice  and  immorality. 

An  aft  for  the  trial  of  fmall  and  mean  caufes. 

An  aft  for  afcertaining  the  damage  upon  protefted  bills  of  exchange. 

An  aft  for  regulating  weights  and  meafures. 

An  aft  for  the  building  and  maintaining  of  court -houfes,  prifons  and  ftocks  in  ereiry  county  within  this 
province,  and  appointing  rules  to  each  county  prifon  for  debtors. 

An  aft  the  better  to  enable  the  commiffioners  appointed  for  building  a  church  at  Newbern,  to  ereft  the  fame, 
and  to  empower  them  to  demand  and  receive  of  any  perfon  or  perfons,  all  parifk  levies  already  laid,  and 
not  appropriated  ;  and  for  other  purpofes  therein  mentioned. 

An  aft  for  regulating  ordinaries,  and  for  the  reftraintof  tippling  houfes. 

An  aft  for  the  relief  of  fuch  perfons  as  have  fufFered,  or  may  fufFer,  by  negleft  of  the  reglfters  of  the  fe- 
veral  counties  within  this  province,  in  regillering  their  deeds  or  mefne  conveyances  ;  as  alfo  for  want  of 
acknowledging  and  proving,  or  through  ignorance  and  negleft,  not  applying  to  have  the  fame  regiftered. 

An  aft  for  eftablifhing  the  church,  for  appointing  parifhes,  and  the  method  of  elefting  veftries  i  and  for 
direfting  the  fettlement  of  parifh  accounts  tliroughout  this  government. 

An  aft  concerning  fervants  and  flaves. 

And  the  law  pafied  at  Wilmington,  in  the  faid  year  of  our  Lord  one  thoufand  feven  hundred  and  forty- 
one,  entitled  as  fdlowj,  to  wit. 

An  aft  for  erefting  the  upper  part  of  Bertie  cOunty  into  a  county,  by  the  name  of  Northampton  county, 
and  for  regulating  the  limits  between  Society  parifh  and  the  Northweft  parifh  of  Bertie  j  and  for  remo- 
ving the  feat  of  Bertie  court. 
J  7^3  And  the  laws  pafTed  at  a  General  AfTembly  held  at  Edentonj  the  fecond  day  of  April,  in  the  year  of  Our 

Lord  one  thoufand  feven  hundred  and  forty-three,  entitled  a6  follows,  to  wit. 

An  aft  to  regulate  eleftions  for  members  to  ferve  in  General  Aflembly  for  the  feveral  counties,  to  declare 


.      Xvho  (hall  be  qua'ified  to  vote  in  the  faid  elefiioBS,  or  to  be  e'e6led  a  member  of  the  General  Aflembly,  2,  1749.  91 
I    '  for  any  of  the  faid  couniies  ;  and  to  direct  the  method  to  be  obferved  in  taking  the  poll  at  the  feveral 
ele£lions  in  the  counties  and  towns  in  this  province. 

i  Ji'ii  a£l  for  obtaining  an  exaft  lift  of  taxables,  and  for  the  e0e£lual  colle(Sting  as  well  all  arrears  of  taxts,  as 
all  other  taxes,  for  the  future,  due  and  payable. 

An  iSt  to  empower  the  Juftices  of  Beaufort  county  to  build  two  fubftanttal  warehoufes,  at  the  places  here- 
after mentioned,  in  the  faid  county,  ior  the  ufe  and  conveniency  of  the  inhabitants  paying  their  taxes 
and  levies. 

Aij'aft  to  afcertain  what  attofnies  fees  (hall  be  taxed  and  allowed,  in  any  fuit  or  a€lion  brought  in  any  of 
the  courts  of  record  in  this  province. 

^n  aft  for  making  and  clearing  a  highway  from  Edenton,  into  the  road  leading  over  Mr.  Hoikln's  miH-dao7>, 
towards  Pequiinons  courc-hoaf6,  ihd  for  eredting  bridges  in  fuch  road,  and  alfo  another  gate  at  Eden- 
ton. 

'Ah  aft  for  erefting  a  court-houfe,  prifon,  and  ftocks,  in  Bertie  county,  and  for  laying  a  tax  en  the  inha- 
bitants of  the  faid  county,  for  defraying  the  charge  thereof, 
And  the  laws  pafled  at  a  General  Aflembly,  held  at  Newbetn,  the  twentieth  day  of  April,  in  the  year:  1745-. 

cT  our  Lord  one  thoufand  feven  hundred  and  forty-five,  entitled  as  follows;  to  wit. 

An  additional  aft  to  an  aft,  entitled  ••  An  aft  for  appointing  Sheriffs  in  the  room  of  Marfhals  of  this  pro- 
vince, for  prefcribing  the  method  of  appointing  them,  and  limiting  the  time  of  their  continuailce  in  of- 
fice, and  direfting  their  duty  therein  ^  end  for  altering  the  names  of  precinfts  into  counties." 

An  additional  aft  to  an  aft,  entitled  «  An  aft  to  prevent  kilHng  deer  at  unfeafonable  times,  and  for  putting 
a  flop  to  many  abufes  committed  by  white  perfons,  under  pretence  of  hunting. 

An  aft  for  empowering  the  feveral  commiffioners  herein  after  named,  to  make,  mend,  and  repair  all  roads, 
bridges,  cuts,  and  water-courfes,  already  laid  out,  or  hereafter  to  be  laid  out,  in  the  feveial  couniies  and 
dillrifts  herein  after  appointed,  in  fuch  manner  as  they  (hall  judge  mod  ufeful  to  the  public. 

An  aft  for  erefting  a  fortification  on  the  lower  part  of  Cape- Fear  river,  for  applying  thereto  the  powder- 
money  already  arifen,  or  which  fhall  ariie,  by  (hipping  coming  into  the  port  of  Brunfwick. 

An  aft  to  appoint  commilTioners  in  the  place  and  itead  of  thofe  deceafed,  to  complete  and  finifh  the  church 

at  Newbern,  and  for  adding  the  prelent  churchwardens  and  veftrymen  to  the  faid  commilTioners  ;  and 

for  empowering  the  faid  commi(rioners,  churchwardens,  and  veftrymeu,  to  call  the  former  commiflion- 

'  ers  to  account,  for  all  the  monies  by  them  received  for  the  ufe  of  the  faid  church,  and  to  appropriate  it 

to  the  purpofes  aforefaid  ;  and  in  cafe  of  infufficiency,  to  lay  a  levy  to  accompli(h  the  fame» 

An  aft  to  add  that  part  of  the  province  called  Mattamufkeet,  and  lake,  to  Hyde  county. 

An  aft  to  empower  the  commiflioners  for  the  town  of  Edenton,  to  keep  in  repair  the  town  fence,  and  to 
ereft  and  build  a  pound,  bridges,  and  public  wharf,  and  market-houfe  ^  as  alfo  to  ereft  and  buildafchool- 
houfe  in  the  faid  town,  and  other  purpofes  therein  mentioned. 

An  aft  for  the  better  regulating  the  town  of  Wilmington,  and  for  confirming  and  eftablilhing  the  late  fur- 
]      vey  of  the  fame,  with  the  plan  annexed. 

I  An  aft  for  fencing  the  town  of  Bath,  and  re-fiirveying  the  common  belonging  to  the  faid  town,  and  ex- 
1  empting  the  inhabitants  from  working  on  the  main  road  ;  and  to  give  liberty  to  the  inhabitants  to  build 
!      and  improve  the  front  or  water  lots,  and  to  appoint  commiffioners  for  the  purpofes  aforefaid. 

An  aft  to  encourage  perfons  to  fettle  in  the  town  of  Brunfwick,  on  the  fouth-weft  fide  of  Cape- Fear  river. 
And  the  laws  pafTed  at  a  General  Assembly  held  at  Newbern,  the  twenty  eighth  day  of  June,  in  the 
;  year  of  our  Lord  one  thoiifand  feven  hundred  and  forty-fix,  entitled  as  follows,  to  wit. 

An  aft  for  the  better  regulation  of  the  militia  of  this  government.  174& 

I  An  aft  for  erefting  the  upper  part  of  Craven  county  into  a  county  and  pari(h;  and  for  appointing  a  placet . 
j       for  building  a  court  -houfe,  prifon  and  (locks,  in  the  faid  county. 

I  An  aft  for  dividing  Edgcomb  county  and  parifh,  and  for  erecting  the  upper  part  thereof  into  a  county 
and  parifh  by  the  name  of  Granville  county,  and  St.  John's  parifh;  and  for  appointing  veflrymen  of  the 
faidparih. 
And  the  laws  pafTad  at  a  General  AfTembly,  held  at  Wilmington,  the  fifth  day  of  December,  in  the  year 

of  our  Lord  one  thoufand  feven  hundred  and  forty-fix,  entitled  as  follows,  to  wit, 

An  aft  for  die  better  afcertaining  the  number  of  members  to  be  chofen  for  the  feveral  counties  within  this 
province,* to  fit  in  General  Aflembly,  and  for  eftablilhing  a  more  equal  reprefentative  of  ?11  his  Majefly's 

'    fubjefts  in  the  houfe  of  burgeflesi  ~  ^  - 


92  p,  1749.  An  aft  to  fix  a  place  for  the  feat  of  government,  and  for  keeping  public  offices  i  for  apppinting  circuit 
*-*^v*«.i*       courts,  and  defraying  the  expence  thereof  ;  and  alfo  for  eftabUChing  the  courts  pfjuftice,  and  regula- 
ting the  proceedings  therein. 

And  the  laws  pafled  at  a  General  Aflembly,  h;l  d  at  Newbern,  the  feventeenth  day  of  March,  jn  the  year 
of  our  Lord  one  thoufand  feven  hundred  and  forty-fix,  entitled  as  follows,  to  wit, 
An  aft  for  appointing  commiflioners  to  revife  and  print  the  laws  of  this  province,  and  for  granting  to  his. 
Majefl:y,  for  defraying  the  charge  thereof,  a  duty  on  wine,  rum,  and  diftilled  litjuors,  and  rice  imported' 
into  this  province. 
ir48.  And  the  laws  pafled  at  a  General  Aflembly,  held  at  Newbern,  the  fixth  day  of  April,  in  the  year  of  our 

Lord  on«  thoufand  feven  hundred  and  forty-eight,  entitled  as  follows,  to  wit, 
An  aft  to  appoint  public  treafurers. 
An  act  for  regulating  the  fever?l  officers  fees  within  this  province,  and  afcertaining  the  method  of  paying 

the  fame. 
An  act  for  laying  a  tax  on  the  inhabitants  of  Granville  county,  and  for  apppinting  commiflioners  to  com- 

pleat  and  finifli  the  public  buildings  already  begun  in  the  faid  county. 
An  act  to  prevent  the  exportation  of  raw  hides,  pieces  of  hides,  and  calf-flcins,  out  of  this  government. 
An  act  to  appoint  commiflioners  to  continue  running  the  boundary  line  between  Edgecomb  county,    Ty-. 

rell,  and  part  of  Beaufort  counties. 
An  act  for  deftroying  of  vermin  in  this  province. 
An  act  to  enlarge  the  time  for  the  commiflioners  of  the  roads,  appointed  by  the  act  of  Aflembly  pafled  A-f 
pril  the  twentieth,  one  thoufand  feven  hundred  and  forty-five,  entitled,  **  An  act  for  empowering  the. ' 
feveral  commiflioners  herein  afternamed,  to  malje,  mend,  and  repair  all  roads  and  bridges,  cuts  and ' 
water-courfes,  already  laid  out,  or  hereafter  to  be  laid  put,  in  the  feveral  counties  and  diflricts  herein  ^ 
after  appointed,  in  fuch  manner  as  they  Iball  judge  nioft  ufeful  to  tl>e  pubUc,  to  recover  the  feveral  fumj 
due  from  defaulters." 
An  aft  to  provide  indiiferent  jurymen  in  all  gaufes,  both  civil  and  criniinal,  and  fpr  an  allowance  for  their 

attendance. 
An  aft  to  alter  the  times  for  holding  courts  for  the  county  of  New-Hanover. 

An  aft  for  granting  unto  his  M?»jefl:y  the  fumof  twentyrone  thoufand  three  hundred  and   fifty  pounds 

proclamation  money,  and  for  ftamping  and  emitting  .the  faid  fumof  twenty- one  thoufand  three  hundred 

and  fifty  pounds,  public  bills  of  credit  of  this  province  at  the  rate  of  proclamation  money,  to  be  applied 

towards  building  fortifications  in  this  province,  payment  of  the  public  debts,  exchanging  the  prefeht 

bills   of  credit,  and  for  making  proper    provifion  for   defraying  the  contingent  charges  of  tbegoverni 

ment  ;  and  for  repealing  the  feveral  laws  herein  after  mentioned. 

1748,  And  the  laws  pafl'M  at  a  General  Aflembly,  held  at  Newbern,  the  fifteenth  day  pf  Qftober,  ip  thg  year' 

of  our  Lord  one  thoufand  feven  hundred  and  forty-eight,  entitled  as  follows,  to  v4t. 

And  appoint  a  convenient  place  for  holding  the  county  courj:  of  Granville,  and  to  empower  the  commif- 

fioners  hereafter  named  to  build  a  court-houfe,  prifon  and  llocks,  in  the  faid  county. 
An  aft  for  defiayingthe  expence  of  the  members  of  his  majefty's  honorably  council,  and  the  members  of 
the  General  Aflembly  of  this  province,  in  their  travelling  to,  from,  and  atvending  at  t|ie  faid  Aflemblies 
and  to  compel  their  attendance. 
An  aft  for  afcertaining  the  bounds  of  a  certain  traft  of  land,  formerly  laid  put  by  treaty,  to  the  ufe  of  the 
Tuflcarora  Indians,  fo  long  as  theyyor  any  of  them,  ftiall  occupy  and  live  upon  the  fame  ;  and  to  pre- 
vent any  perfon  or  perfons  taking  up  lands  or  fettling  within  tne  faid  bounds,  by  pretence  of  any  pur- 
chafe  or  purchafes  made,  or  that  fhall  be  made,  from  the  faid  Indians. 
And  aft  for  forming  a  rent-roll  of  all  the  lands  holden  in  this  province,  for  quieting  die  inhabitants  in 

their  pofTeflions,  and  for  direfting  the  payment  of  quit-rents. 
An  act  to  appoint  an  agent  to  folicit  the  affairs  of  tliis  province,  ,at  the  feveral  boards  in  England. 
An  act  for  the  better  regulating  the  town  of  Neyirbern,  for  fencing  the  fame,  and  fecuring  the  titles  of 

the  feveral  perfons  who  hold  lots  in  the  faid  town.* 
An  act  to  alter  and  amend  an  act  entitled  «  An  act  for  appointing  commiflioners    to  revife  and  print  the 
laws  of  this  province,  and  for  granting  to  his  majefly,  for  defraying  the  charge  tliereof,  a  duty  on  wine, 
rum  and  diftilled  liquors,  and  rice  imported  into  this  province." 

And  the  laws  pafled  at  a  general  aflembly,  held  at  Newbern,  the  fourteenth  day  of  April,  in  the  year  of 
our  Lord  one  thoufand  feven  hundred  and  forty- nine,  entitled  as  follows,  to  wit, 


An  additional  act  to  an  act,  entitled, ""  An  aft  for  forming  a  rent-roll  of  all  the  lands  holden  in  this  province,  2,  1 74-9.  93 

for  quieting  the  inhabitants  ia  their  pofleflions,  and  for  directing  the  payment  of  quit-rents."  <«*<•>">■> 

An  act  for  the  relief  of  poor  debtors,  as  to  the  imprifonment  .of  their  perfons. 
An  act  for  the  encouragement  of  James  Davis,  to  fet  up  and  and  carry  on  his  bufinefs  of  a  printer  in  this 

province  ;  and  for  other  purpofes  therein  mentioned. 
An  act  directing  the  method  for  cutting  or  docking  intails  of  fmall  eftates. 

And  the  lavjrs  pafled  this  prefent  feffion  of  Aflembly,  at  Nevj'bern,  the  fixteenth  day  of  Octdber,  in  the 
year  of  our  lord  one  thou fand  feven  hundred  and  forty-nine,  entitled  as  follows,  to  wit. 
An  act  to  put  in  force  in  this  province,  the  feveral  ftatutes  of  the  kingdom  of  England,  or  Soutli-Britain, 

therein  particularly  mentioned. 
An  a£l  to  revive  a  claule  in  an  aft;  of  the  .General  Aflembly,  entitled,  «  An  aft  to  fix  a  place  for  the  feat 
of  government,  and  for  keeping  public  offices ;  for  appointing  circuit  courts,  and  defraying  tlfe  ex- 
pence  thereof ;  and  alfo  for  eftablifhing  the  courts  of  juftice,  and  regulating  the  proceedings  therein." 
An  additional  aft  to  an  aft,  entitled,  "  An  aft  to  provide  indifferent  jurymen  in  all  caufes,  civil  and  cri- 
.  minal,  and  for  an  allowance  for  their  attendance." 
An  act  for  altering,  explaining;  and  .continuing  an  aft,  entitled,  "  An  aft  for  the  better  regulating  the 

militia  of  this  government." 
An  aft  to  appoint  a  public  treafurer,  in  the  room  of  the  honourable  Edward  Mofeley,  Efq.  deceafed. 
And  every  claufe  and  feftion  of  them,   and  each  of  them,   (except  fuch  clanfe  and  claufes,  feftion  and  The  before  re- 
feftions,  which  are  become  obfolete,  have  expired,  or  ftand  and  are  repealed  by  any  fubfequent  aft  of  '^f'^^  ?^^  ^^" . 
the  General  Aflembly  of  jthis  province  herein  before  mentioned,)  are  hereby  confirmed,  and  fhall  be  ^Qfce  &c. 
-  held,  deemed,  and  taken  to  be  and  remain  in  full  force  within  this  province  ;  and  fhall  be  printed,  and 
'  given  in  evidence,  agreeable  to  the  aforementioned  aft,  entitled,  "  An  aft  for  appointing  commiflioners 
to  revife  and  print  the  laws  of  this  province,   and  for  granting  to  his  majefty,  for  defraying  the  Charge 
thereof,  a  duty  on  wine,  rum^  and  diflilled  liquors,  and  rice  imported  into  fhis  province ;"  and  the  aft, 
entitled,  "  An  aft  to  alter  and  amend  an  aft,  entitled,"  An  aft  for  appointing  commifTioners  to  revife 
and  print  the  laws  of  this  province,  and  for  granting  to  his  Majefly,  for  defraying  the  charge  thereof,  a 
duty  on  wine,  rum,  and  ^iftilled  liquors,  arid  rice  imported  into  this  province." 

III.  ^fid  be  it  further  enaBedly  the  authority  aforefaidy  That  all  fines  and  forfeitures  mentioned  in  any  Fines,  &c  to 
of  the  before  rocited  laws,  where  the  particular  fpecies  of  money  is  not  fpecially  namedj  the  fame  fhall  be  •"=  deemed  of 
underftood,  deemed  and  adjudged  to  be  proclamation  money,  and  none  other.  mor'r""'"" 

ly.  And  be  it  further  enabled  by  the  authority  aforefaidy  That  all  and  every  aft  and  aft«,  clanfe  and  claufes,  i^^^^l^    ^led 
feftion  and  feftions,  of  all  and  every  aft  and  afts  of  the  General  Aflembly  of  this  province,  in  the  fa  id  fe^and'^tles' 
revifed  laws  or  afts  of  the  General  AfTembly,  mentioned  to  be  obfolete,  expired  and  repealed  ;    are  here-  w  be  printed, 
by  enafted  and  .declared  to  be  obfolete,  expired  and -repealed  •,  and  the  titles,  with  fuch  note  only,  be 
printed. 

V.  Provided  alivays^,  neverthelepy  and  it  Is  hereby  enaSedt  That  aill  and  every  judgment,  order,  decree  or  AlItbing:sdoiie 
fentence  of  any  court  heretofore  given  or  pafled,  and  all  and  every  matter  or  thing  heretofore  done  and  ""der  the  laxvs 
performed,  by  any  oflicer  or  officers,  judicial  or  miniflerial,  or  by  any  other  perfon  or  perfons  whatfoev-  vlud.      ^'^' 
er,  in  virtue  and  by  force  of  any  aft  or  afts,  claufe  or  claufes,  of  any  aft  or  afts  of  the  General  Aflem- 
bly of  this  province,  in  the  faid  revifed  laws,  mentioned  to  'be  obfolete,   expired  or  repealed,  fhall  be 
deerned,  held  and  be  taken  for  good  and  valid  in  law,  to  all  intents  and  purpofes,  as  if  the  faid   afts  were 
continued  and  in  full  force  }  any  thing  herein  before  contained  io  the  contrary,  in  any  wife,  notwithflandii 
H' 

Signed  by  GABRIEL  JOHNSTON,  Efq.  cevmtcr. 

Nathaniel  Rice,  Preftdentf 

Samuel  Swanh,  Speaker. 

VoLiL  Bb 


9*  3,1749. 


M! 


i^W 


nn  mvtm 


Gabriel       At  a  General  Assembly,  held  at  Newbern,  the  Seventeenth  Day  of  March, 
tsq^Govemor.     in  tlic  YcaF  of  ouF  Loxd  Qnc  Thousan4  Seven  Hundred  a,nd  Vprty-nine. 


CHAP.  1.       ■^"  o^/of  (reBln^  the  upper  part  of  NfU'-Hanover  county  into  a  county,  c^idparip^  by  the  name  of  Duplin  countyf 
1756,  9.  and  St.  Gabriel  Parijb  ;  anifar  appointing   a  ^lacejir  building  a  court-houjtf  prifan  and  Jleckf^  in  the  faid 

county. 

WHEREAS  the  county  of  New-Hanover  is  now  become  fo  very  extenfive,  that  many  of  the  jnhabf- 
tants  thereof  live  very  remote  from  the  place  where  the  court  of  the  faid  county  is  held,  whereby 
a  great  many  difficulties  and  Itardftiips  arife  to  the  upper  inhabitants  thereof,  not  only  in  attending  their 
ordinary  bufinefs  in  the  faid  court,  but  alfq  by  being  <;ompelled  to  ferve  as  jurymen,  and  oftentimes  a? 
evidences,  at  the  faid  court  .•  For  remedy  whereof, 
Daplin  ereaed.  H*  We  pray  it  may  be  enafted.  And  be  it  enacted  by  his  Mttfellency  Gabriel  Jshnffon,  pfq.  Governor, 
by  and  with  the  advice  and  confent  of  his  MajeRfs  Council  and  General  AJfemhly  oj  this  provinfc,  and  by  the 
authority  of  the  famcy  That  New-Hanover  county  be  divided  by  a  line,  beginning  at  the  mouth  of  Rock- 
fifh  creek,  on  the  northeafl  river  of  Cape-Fear,  running  eaft  to  Onflow  county,  and  weftw^rd,  by  a  ftrait 
line  from  the  mouth  of  the  faid  creek  to  the  upper  forks  of  Black  river,  where  the  Cohecry  and  the  Six 
Runs  meet,  thence  up  Cohecry  to  the  head  thereof  •,  and  that  the  upper  part  of  the  faid  county  be  erefted 
into  a  county,  by  the  name  of  Duplin  county,  and  St.  Gabriel  p^rifli  :  And  that  the  faid  county  and 
parilh  Ihall  enjoy  all  the  privileges  and  advantages  that  any  other  county  and  parifli  in  this  province  now 
holds  or  enjoys. 

The  remaining  eight  clat^es  oJ  a  private  or  a  temporary  nfture^  and  therefore  not  nece^qtry  to  be  inferted* 

CHAP.  2.       An  aEl  forereEling  the  upper  part  of  Bladen  county  into  a  county  andfari/hy  by  the  name  of  Anfon  county,  and  Sf, 
1756,9.  George's  par  i/bi  andj  or  appointing  a  place. for  building  a  caurti-houfe,  prifon  and /locks,  in  the /aid  county, 

WHEREAS  the  county  of  Bladen  is  now  become  fp  very  extenfive,  that  many  of  the  inhabitants, 
thereof  live  very  remote  from  tlie  place  where  the  court  ot  the  faid  county  is  held  ;  whereby  a 
great  many  difficulties  and  hardfhips  arife  to  the  upper  inhabitants  thereof,  not  only  in  attending  their 
ordinary  bufmefs  in  the  faid  court,  but  alfo  by  being  compelled  to  ferve  as  jurymen,  and  oftentimes  as 
evidences,  at  the  faid  court :  For  remedy  whereof, 
Anson  erefled.  H.  We  pray  that  it  may  be  en^fted.  And  be  it  enabled  by  his  Excellency  Gabriel  Johnfion^  Efq.  Governory  by 
and  with  the  advice  and  con/ent  of  his  Majefly's  Council  and  Generql  Affimhly  of  this  province,  and  by  the  authority 
of  the  fame.  That  Bladen  county  be  divided  by  a  line,  beginning  at  the  place  where  the  fouth  lin^e  of  this 
province  croffeth  the  wefternmoft  branch  of  X.ittle  Pee-Dee  river,  then  hy  a  ftrait  line  to  a  place  where 
thecom'»iiffionersforrunaiiiig  the  fouthern  boundary  of  this  province  eroded  that  branch  of  Little  Pee- 
Dee  river,  called  Drowning  cr^ek,  thence  up  that  branch  to  the  head  thereof ;  then  by  a  line,  to  run,  a$ 
near  as  may  be,  equidiftant,  from  Saxpahaw  river ,  and  Great  Pee-Dee  river  j  and  that  the  upper  part 
of  the  faid  county  and  parifti  to  laid  ofF  and  divided,  be  erefted  into  a  county  and  parilh,  by  the  name 
of  Anfoa  county,  and  St.  George's  parjfli,  and  that  all  the  inhabitants  to  the  weft  ward  of  the  afore  men- 
tioned dividing  line,  fhall  belong  and  appertain  to  Anfon  county  :  And  that  the  faid  county  and  parifti 
fhall  enjoy  all  and  every  the  privileges,  which  any  other  county  or  parifti  in  this  province  holds  or  en- 
joys. 

The  remaining  eight eta^e*  ef  a  private  or  *  temporary  nature,  and  therefore  not  neceffary  to  be  inferted. 

CHAP.  3.       An  additional  a^  to  an  a^,  for  obtaining  an  exaft  lift  of  taxables,  and  for  the  effeaual  collefting  %6  wdl  al| 
Kej).  1760,  2.  arrears  of  taxes,  aj  all  other  taxes,  for  the  future  due  and  payable. 


jIn  a5f  to  enable  the  Jujlices  ofthefeveral  counties  to  provide  certain  law  booh,  for  the  uft  of  their  county  courts.    3,  1 74^,   95 
1.    JQ  E  it  ena^ed  by  his  Exjelhrtey  Gabriel  JohnjioHy  Efq  ;  Governor,  by  and  -with  ihe  advice  and  corifent  of  ^^.^-y^-J 

13  ^  M^j^'*  Ckuneiljand  Gentr^U  Afftmi^ly  of  this  province ,  That  the  J«itice§  of  each  county  cpuit  chap.  4. 
within  this  province,  Ihall  and  may  have  full  power  and  authority,  in  fome  convenient  time,    according  Justices  to  ,.ur- 
te  their  difcc^tLon,   to  purchafe  and  provide  the  lateft  editions  of  the  law  books  following,  to  vjrit ;  Nei-  <^'^*^  books. 
fon's  Juftice,  Gary's  abridgment  of  the  ftatuteSi  Swinburn  Qn  Wills,  or  Godblphin'S  orphan's  legacfj  and 
Jacob's  law  didionary,  or  Wood's  inftitates  :  Which  book?  when  provided,  fhali  be,  for  evef  after,  for 
the  ufe  of  the  county  court,  and  fhall  be  kept  in  the  offices  of  the  feveral  clerks,  and  conftantly,    during 
the  fitting  of  every  county  coiirt,  laid,  by  the  clerk  of  each  court,   on  the  court  table,  for  the  ufe  and  pe» 
rufal  of  the  Juftices  of  fuch  court  and  of  all  fuch  as  m^y  have  any  matters  depending  in  court. 

II.  And  if  iifurtkft  enacted  h  th(  authority  tforefaidt  That  if  any  county  court  clerk  fhall  abufe  or  de-  Penalty  for  de- 
ftroy,  or  fuffer  to  be  abufed  or  deftroyed,  any  af  the  books  fo  committed  to  his  care,  be  (hall  be  fined,  at  stroyiog  them, 
the  cifcretiofli  of  the  court|  for  fqgh  his  negle£l  .•  Which  fine  fhall  be  applied  towards  repairing  the  lofs    ^' 

or  damage  of  fuch  books  occafioned  by  fuch  negleft, 

III.  And  be  it  further  ettaBed  by  the  authority  aforefaidi  That  the  Juftices  in  dl^  feveral  county  Courts,  Tax  laid. 
fliall  have  full  power  to  lay  fuch  an  additional  tax  on  their  f  «fpe£live  counties,  asfhall  be  fufficient  to  pur- 
chafe and  provide  the  books  aforefaid  ;  and  fhall  apply  the  fame  accordingly. 

An  additional  aB  id  an  aSf,  intitukJ,  An  a£l,  to  fix  a  place  for  the  feat  of  government,  and  for  keeping  chap.  S, 
public  offices  j  for  appointing  circuit  courts,  and  defraying  the  expence  thereof  j  and  alfo,  for  eftab-  Not  now  in 
lifbing  the  courts  of  juftice,  and  regulating  the  proceedings  therein.  ^^^^' 

THE  TITLES  OF  THE  PRIVATE  ACTS. 

J  An  aA  to  encourage  Michael  Hignns  to  build  a  bridge   over  tion  of  Mr.  Samuel  Jordan,  on  the  north  side  of  Roan* 

Trent  River,  near  WickliflF's  Ferry,  in  Craven  county.  oake  fiver,  in  Northampton  county ;  and  for  establish* 

5  Att  »ft  for  appointing  and  liying  oi>t  a  town  oa  the  planta*  ing  two  fairs  to  be  held  annuall)^  therein. 

Signed  by  GABRIEL  JOHNSTON,  Efq.  Qtvernot. 
Nathaniel  Rice,  Frefrdent, 
Samuel  Swann^  Speaker, 


96      1750. 


Qx«iKT.        At  a  General  Assembly,  held  at  Newbern,  the  Fifth  Day  of  July,  in  the 
KTo^rrW.  Year  of  our  Lord  Qne  Thousand  Seven  Hundred  and  Fifty. 

CHAP.  1.  Anaa  to  appoint  a  public  Treafarer,  in  the  room  of  Eltazer  Allen,  Efq;    deceafed.    exp. 

(as  to  the  man-        quit  rents.  ^ 

ner  of  paying 

qmt  rents.)  See  page  82, 

CHAP.  3.       AnoBjor  incrtaftvg  the  anmaUlhmnce  given  tothe  attorney-gener^U  fpr  his  trouble  and  expences  inridingtht 

circuits,     exp.  .' 

j^igned  by  GABRIEL  JOHNSTON,  Efq.  G«wr«ffn    ■ 

Nathaniel  Rice,  Prefideat,  \ 

SaMUEJL.  Swann^  Speaker. 


1751.     97 


At  a  General    Assembly  begun  and  held  at  Newbern,  the  Twelfth  Day  of  Gabriel 
June,  in  the  Nineteenth  Year  of  His  Majesty's  Reign,  and  from  thence  E^sq-^Gow/nor, 
continued,  by  several  Prorogations,  to  the  Twenty-seventh  Day  of  Sep- 
tember, in  the  Year  ojf  Our  jlpr^i  .9^^  fhQusa^d  Seyen  Hundred  and  Fif- 
ty^one. 


^lUi  aSi  to  appoint  infpeSiors  in  New-Hatfover  csuntyt  and  for  regulating  the  exports  at  Cape-Fear.     EXF.         CHAP.  1. 

.<■ 
An  aB  for  regulating  the  pilotage  at  Cape-tear  river  y  and  to  impower  the  captain  of  Fort  John/Ion^  at  the  mouth  CHAP.  2. 
of  the /aid  river  y  to  examine  all  vejfels  entering  the /aid  fiver ^  concerning  the  health  of  their  crews  on  board  Rep.  2, 1764, 6. 
the f aid  vejfels. 

An  additional  aB  to  an  aSi,  intituled.  Feme-coverts  how  to  pafs  lands.  chap.  3. 

WHEREAS  the  method  prefcribed  for  feme-coverts  to  convey  their  eftates  in  lands  in  this  province,  Ante,  p.  12. 
by  an  a£l  of  Aflembly,  made  at  a  general  Biennial  AfTembly,  held  on  the  feventeenth  day  of  No-  YoI.2  127  129. 
>vember,  in  the  year  of  our  lord  one  thoufand  feven  hundred  and  fifteen,  intituled,  Feme-Coverts  how  to 
pafs  lands,  in  many  cafes,  hath  been  found,  by  experience,  to  be  imprafticable  ,i  by  teafon  that  the  right 
of  inheritance  of  many  lands  in  this  province  is  in  femcrcoverts  who  are  refidents  of  neighbouring  go- 
vernments ;  and  in  fuch  cafes,  .conveyances  have  been  made  by  the  hufband,  with  the  wife's  confent, 
and  fometimes  by  both,  and  at  .other  times  by  the  wife  only,  and  afterwards  ratified  and  confirmed  by  the 
hufband  ;  by  means  whereof  the  titles  of  many  perfons  are  become  precarious,  and  doubtful,  and  much 
land  lies  uncultivated  ;  to  the  great  diminution  of  the  revenue  of  the  crown  : 

II.  Be  it  enaSled  by  his  Ixcellency  Gabriel  J ohnflon,  Esq.  Governor,  by  and  with  the  advice  and  confent  of  his  Feme  covert, 
Majefy's  Council,  and  the  General  Affembly  cf  this  province,  and  it  is  hereby  enaBed  by  the  authority  ef  the  fame,  J^""^  *°  P*^ 
That  from  and  after  the  paffing  ,of  this  aft,  all  conveyances  in  writing,  and  fealed  by  hufband  and  wife,  *" 

for  any  lands,  and  by  them  perfonally  acknowledged  before  the  chief  juftice,  or  in  the  <;ourt  of  the 
county  where  the  land  lieth,  the  wife  being  firft  privily  examined  before  the  chief  juftice,  pr  fome  member 
of  the  county  court,  ajppointed  by  the  faid  court,  for  tliat  purpofe,  whether  fhe  doth  voluntarily  afTent 
thereto,  and  regiftered  according  to  -tlie  .dire£rion§  of  the  laws  of  this  province,  fhall  be  as  valid  in  law 
to  convey  all  the  eflaie  and  title  which  fuch  wife  may  or  fhall  have  in  any  lands,  tenements  or  heredita- 
ments, fo  conveyed,  whether  in  fee-fimple,  right  pf  dower,  or  other  eftate,  not  being  fee-tail,  as  if  done  by 
fine  and  recovery,  or  any  Pther  ways  or  .means  whatfoeyer, 

III.  Provided  neverthelefs.  That  where  any  fuch  conveyances  as  aforefaid  fhall  he  acknowledged  by  the  Proceedings 
hufband,  or  proved  by  the  oath  (rf  one  or  more  witnelTes,  before  the  chief  juftice  or  county  court  where  y''^^!®  ^^^  '^p*° 
the  land  lieth,  and  it  ftiallbe  reprefented  to  the  chief  juftice  or  county  court  aforefaid,  that  the  wife  is  a  another  c'oun- 
refident  of  any  other  county,  or  fo  aged  or  infirm  that  ,fhe  cannot  travel  to  the  chief  jufttce  or  county  court  try,  &c. 

to  make  fuch  acknowledgment  as  aforefaid  ;  it  fhall  and  may  be  lawful  for  the  chief  juftice  or  county 
court,  by  his  or  their  order,  to  direft  the  clerk  of  the  county  court  where  fuch  land  lieth,  to  ifTue  a  com- 
miffion  to  two  or  more  commiffioners,  for  receiving  the  acknowledgment  of  any  deed  of  fuch  feme  covert, 
for  pafling  her  eftate  in  any  lands,  tenements  or  hereditaments  ;  and  fuch  deed,  ackrowledged  before  them 
after  they  have  examined  her  privily  and  apart  from  her  hufband  touching  her  confent,  and  certified  by 
the  county  court  to  which  the  commiffion  fliall  be  returnaMe,  fhall,  by  order  of  the  county  court,  be  re- 
giftered, with  the  commiffion  and  return,  and  fhall  be  as  efleftual  as  if  perfonally  acknowledged  before 
the  chief  juftice  or  county  coujt  by  fuch  feme-covert. 
VOL.I.  Co 


id  for  preventing;  nilftalces  in  iffuing  out  fuch  commiffions,  Be  it  rmiEftd  hy  the  atrthority  aforefaid^M 
fcveral  cleiks  of  this  proviiiee,  fiiall  iffue  the  fame,  in  the  form  following,  to  wit, 


Former  pur- 
cha<ers  secu- 


S8      1751.        IV.  Ant 
K.^-^-^  That  the 

North-Carolina.^  C.  County ^  ^. 

F,rm  of  acorn-  GEORGE  the  fecoiid,  b/  the  grace  of  God,  of  Great-Britain,  France  and  Ireland,  king,  Defender  of  the 

"^'ssioa.  Faith,  &c. 

To  J.  B.  C.  D.   and  E.  gentlemen,  greeting. 
'HEREAS  jF.  G.  hath  produced  a  deed  of  conveyance,  made  to  him  from  H.  J.  and  K.  his  wife, 

of  a  certain  tra6l  or  parcel  of  land,  lying  and  beingHntlie  county  of • — in  our  province 

of  North-Curollna,  and  procured  the  fame  to  be  proved  or  acknowledged  by  the  faid  H.  I.  before  /.  K.  our 
chief  juftice  of  our  faid  province,  (or  in  the  court  of  our  faid  county  of  C.  as  the  cafe  may  be,)  and  it  being 
reprefented  to  our  faid  chief  juftice,  or  to  our  faid  court,  that  K.  wife  ol  the  faid  H.  I.  is  an  inhabitant  of 
our  faid  province,  or  of or  is  fo  aged  and  infirm,  (here  as  the  cafe  may  be)  fo  that  flie  can- 
not travel  to  our  faid  juftice,  or  court  of  our  faid  county  of to  be  privily   examined  as  to  her 

free  confent  in  executing  the  faid  conveyance,  Know  ye,  that  we,  in  confidence  of  your  prudence  and  fi- 
delity, have  appointed  you,  and  by  thefe  prefents  do  give  unto  you,  or  unto  any  two  of  you,  full  power 
and  authority,  to  take  the  pxivate  examination  of  the  faid  K.  wife  of  the  faid  H.  I.  concerning  her  free 
confent  in  her  executing  the  faid  conveyance  :  and  therefore  we  command  you,  or  any  two  of  you,  that  at 
fuch  certain  day  and  place  as  you  fliall  think  fit,  you  go  to  the  faid  K.  if  ftie  cannot  conveniently  come  to 
you,  and  privily,  and  apart  from  her  hulband,  examine  her  the  faid  K,  whether  flie  executed  the  faid  con- 
veyance freely  and  of  her  own  accord,  without  fear  or  compulfion  of  the  faid  H.  I.  her  hufband  ;  and  the 
examination  being  diftindly  and  plainly  wrote  on  the  faid  deed,  or  on  fome  paper  annexed  thereto,  and 
when  you  have  fo  taxen  the  faid  examination,  you  are  to  fend  the  fame,  clofed  up,  under  the  feals  of  you, 
or  any  two  of  you,  together  with  this  writ,  unto  our  faid  court,  to  be  held  for  the  faid  county  of  C.  on  the 

■ day  of next  enfuing,  in  the year  of  our  reign.  Witnefs  L.  M,  clerk  of  our  faid 

court,  at the day  of Anno  Dom.  17 —  JL.  M.  CI   C. 

V.  And  for  the  greater  fecurity  of  purchafers.  Be  it  enabled  by  the  authority  afore/aid,  That  all  deeds  and 
conveyances  of  lands  heretofore  made  by  the  hufband  and  wife,  or  by  the  wife,  and  afterwards  ratified 
and  confirmed  by  the  hufband,  wherein  a  valuable  confideration  is  exprfefled,  for  any  eftate  or  title  of  any 
feme-covert,  in  any  lands,  tenements  or  hereditaments,  whether  in  fee-fimple,  right  of  dower  or  other  ef- 
tate, not  being  fee-tail,  where  fuch  deeds  or  conveyances  have  been  regiftered  within  twelve  months  from 
the  date  thereof,  or  fhall  be  regiftered  within  the  fpace  of  one  year  after  the  return  of  the  commilfion  for 
taking  the  examination  of  the  wife,  as  herein  before  mentioned,  or  where  the  perfons  or  perfons  to  whom 
the  fame  hath  been  made,  hath  actually  entered  thereupon,  and  hath  continued  in  poflTeflion  thereof  for 
the  fpace  of  feven  years,  by  virtue  of  fuch  deeds  ;  they  fhall  be  refpeclively  as  valid  in  law,  and  take  eiFect 
as  fully,  to  the  benefit  of  all  perfons  refpectively  in  pofleffion  thereby,  and  their  heirs  and  affigns,  againft 
the  hufband  and  wife,  and  every  of  their  heirs  and  affigns,  and  againft  ail  other  perfons  claiming  by,  from 
or  under  them,  or  any  of  them,  as  if  the  fame  had  been  done  by  nnje  and  recovery,  or  any  other  ways  or 
means  whatfoever  ;  any  law,  cuftom  or  ufage  to  the  contrary,  in  any  wife,  notwithftanding. 

theftxth  and  feventh  feStiom  concerning  fees  not  now  in  forces  none  being  due  to  a  Judge,  and  the  clerks'  and 
regijitrs'  Jees  being  provided  for  by  fubfequent  aSls. 

Note.  By  afl  Oec.  5,  1767,  Chap.  I.  (tlividjng  the  province  into  six  distriAs,  and  establishing  a  superior  court  in  each,  con- 
sisting of  thechief  justice  and  two  associate  justices)  it  wa»  Ciiailed  in  the  third  seflion  as  follows: 

"  That  the  chief  justice,  or  either  oi  the  associate  justices,  may,  as  well  within  court  as  without,  take  the  probate  or  acknow- 
*'leds;ment  of  deeds,  or  letters  of  attorney,  and  the  private  examination  of  feme  covens,  as  hath  hi?retofor«  be-n  d-^ne  by  the 
"  chief  justice  in  the  like  cases;  and  such  associate  justice  is  hereby  authorised,  to  take  and  receive  thi  same  fees  and  |  erquisites, 
"  as  the  chief  justice  IS  entitled  to  for  the  like  services  J  which  proof  shiU  be  deemed  equally  good  and  valid  in  law,  a»  ifta- 
"ken  in  any  court  of  record  !  any  law  or  usage  to  the  contrary  notwithstanding." 

This  adl  expired  some  time  before  the  revulutioa  :  But  by  ail  Nov.  15,  1776,  chap.  2,  (now  in  force)  it  is  provided,  that  the 
judges  of  the  superior  courts  thereby  constituted,  "may  have,  use,  e.xercise,  and  enjoy  the  same  powers  and  authorities,  rights, 
"  privi'eges  and  prehemi:iences,  as  were  had,  used,  exercised,  ard  enjoyed,  by  any  former  Judges  in  this  territory,  except  where 
"  it  is,  or  may  be  otherwise  direiied  by  this  aifl,  or  where  such  authorities,  rights,  p/ivileges  or  preheminences,  or  any  of  them 
"may  be  inconsis  ent  with,  or  repujnarit  to,  the  form  of  government  and  const  tutioii  by  law  established."  In  consequence  of 
which  general  words,  the  authority  devolved  by  the  above  ail  on  the  chief  justice,  has  been  constantly  exerci&ed  by  the  Judges 
(four  present  Su^xrior  Courts. 

.  An  additional  aSt  to  the  several  oBs  to  appoint  public  treasurers. 
HEREAS  many  of  the  mortgage  bonds  formerly  taken  by  the  feveral  county  treafurers,  in.  virtue 
of  teveral  acts  of  affembly  Uien  in  force,  by  leafoa  of  the  neglect  or  death  of  molt  of  thofe  treafu- 


CHAP.  4. 


:ers,  remain  uncancelled,  and  the  money  due  thereon  unpaid  ;  and  the  times  limited  by  the  law  being  long    1 731.     99 
"iiice  expired,  and  no  perfon  legally  impowered  to  make  diftreis  for  the  fame,  whereby  the  public  is  very  u****^ 
much  injured  :  for  remedy  whereof, 

li.  We  pray  it  may  be  ena£l;ed,  And  he  it  enatlei  Ay  his  Excellency  Gabriel  J'shvjloni  Esq.  GovertwTy  hy  and  Treasurers  ro 
ivith  the  advice  and  conjent  of  his  Majejlfs  Council,  and  the  General  Affembly  of  the  said  province^  and  by  the  pf*'^^^!^^"* 
\nuthority  of  the/am'^  That  each  of  the  public  treafurers,  in  their  fever al  diftricts,  refpectively,  are  hereby  bonds.  "  ^ 
authorifed,  impowered  and  required,  to  take  incohis  or  their  keeping  and  poifefBon,  the  feveral  mortgage 
bonds  yet  uncancelled  and  unpaid  /  and  the  feveral  perfons  in  whofe  keeping  or  pofleffion  any  of  the 
faid  uncancelled  bonds  are  remaining,  are  hereby  required  to  deliver  the  fame  on  demand,  to  the  refpec- 
^itiye  public  treafurer  of  the  diftrict,  under  the  penalty  often  pounds,  proclamation  money,  for  every  fuch 
llrefufal  ornegleft  ;  to  be  fuad  for,  and  recovered,  by  the  public  treafurer  of  the  diftriia  where  the  perfon 
;  fo  refufing  or  neglecting  may  refide,  by  action  of  debt,  bill,  plaint  or  information,  in  any  court  of  record  in 
this  province  j  wherein  no  injunction  or  wager  of  law  flial)  be  allowed  or  admitted  of ;  and  applied  one 
;half  to  the  ufe  of  the  public,  the  other  half  to  the  treafurer  who  fhali  fue  for  the  fame. 

ij     III.  And  be  it  further  enacted  by  the  authority  aforefaidy  That  the  public  treafurers  aforefaid,  in  their  refpec-  Schedule  setup 
tive  diftricts,  upon  the  receipt  of  all  or  any^'bf  the  faid  mortgaged  bonds  not  cancelled  nor  paid,  fhall  caufe  ^1^*^"^°""  ^*-"''* 
ijalift  or  fchedule  of  fuch  bonds  defcrlbing  the  place  where  the  lands  lie,  the  mortgager's  name,  the  fura 
fuppofed  to  be  due  on  each  mortgage,  to  be  affixed  on  the  door  of  the  court-houfe  of  the  county,  or  the 
licourt  of  affize,  or  general  court,  when  held  in  the  county  where  the  land  lies,  during  the  fitting  of  at  leaft 
one  fuch  court. 

IV.  And  be  it  further  enacffd  by  the  authority  aforefaid.  That  where  any  perfon  fhall  make  default  for  thirty  Distress  made 
days  after  fuch  lift  hath  been  affixed  as  aforefaid,  to  pay  the  feveral  lums  due,  on  each  mortgage  bond,  in  °"  defaulters. 
Ifuch  cafe,  each  and  every  public  treafurer  is  hereby  impowered,  directed  and  required,  to  make  diftrefs,  by 
granting  an  attachment,  directed  to  the  fheriffof  the  county  where  any  perfonal  eftate  belonging  to  any  de- 
faulter lies ;  who  is  hereby  authorized  and  required  to  execute  the  fame,  on  any  fuch  perfonal  eftate  in  his 

county  to  be  found. 

V.  Be  it  further  etusBed  by  the  authority  aforefaid.  That  all  fuch  goods   and  chattels  fo  diftralned  on  as  Distrained 
aforefaid,  fliall  be  fet  up  and  fold  at  public  vendue,  at  the  next  county  court,  or  court  of  affize  or  general  S^'ils  sold. 
court,  after  fuch  diftrefs  fhall  be  made  ;  an  inventory  of  fuch  goods  having  been  firft  fet  up  at  fuch  court- 
houfe,  at  leaft  ten  days  before  fuch  fale. 

VI.  And  be  it  further  enaSled  by  the  authority  aforefaid.  That  where  no  perfonal  eftate  belonging  to  any  For  want  of 
defaulter,  fhall  be  found  in  the  county  wherein  the  mortgaged  iand  lies,  in  fuch  cafe,  it  fhall  and  may  be  pei-soia!  estate, 
lawful  for  the  public  treafurer,  in  his  refpeftive  diftridt,  by  virtue  of  fuch  mortgage,  to  enter  on  the  faid  i"ndf  scui. 
land,  and  after  having  given  forty  days  notice,  by  fixing  a  note  on  the  county  court-houfe,  to  expofe  the 

faid  lands  to  fale  by  public  vendue,  at  the  next  county  court,  court  of  aflize,  or  general  court  after  fuch  no- 
tice, and  whatever  fuch  land  fhall  fell  for,  more  than  what  is  due  on  fuch  bonds,  and  the  charge  of  the 
fale  of  fuch  lands,  and  to  the  treafurer  for  conveying  the  ftme  to  the  purchafer  or  purchafers,  fhall  be 
returned  to  the  owner  :  which  fale,  made  by  fuch  treafurer,  (hall  be  good  and  efFeftual  in  law,  to  all  in- 
tents and  purpofes  whatfoever  •,  and  the  faid  deed  fo  given,  if  loft,  the  regiftry  thereof  fhali  and  may 
be  given  in  evidence,  in  any  court  of  record  within  this  province. 

VII.  And  whereas,  Gnce  the  erecting  fort  Johnfon  at  the  mouth  of  Cape-Fear  river,  there  appears  to 
remain  in  the  hands  of  the  public  treafurer  of  the  fouthern  counties,  a  furplus  of  the  monies  appropriated 
by  law  for  that  purpofe  ,•  and  it  being  neceflary  that  the  faid  fort  now  built  fhould  be  preferved  : 

VIII.  Be  it  ena&ed  by  the  authority  aforefaid.  That  it  fhall  and  may  be  lawful,   for  the  commiflioners  ap-  Commissioners 
pointed  by  a£t  of  Affembly,  intituled.  An  act  for  ereSing  a  fortification  on  the  Itwer  part  of  CATpe-'Fezr  River,  °o|j°t|,^°'^"' 
by  warrant  under  their  hands,  or  the  major  part  of  them,  to  draw,  from  time  to  time,  out  of  the  hands  of  money  to  keep 
the  faid  treafurer,  fuch  fum  or  fums  of  money,  as  they  fhall  judge  neceffary,  for  the  guarding,    watching  it  in  repair,  &c. 
and  prefer ving  the  faid  fort. 

IX.  Provided  it  does  not  exceed  the  furplus  of  money  formerly  appropriated  by  aft  of  affembly,  to  the  Treasurer  to 
erefting  the  faid  fort;  and  the  public  treafurer  fhall  pay  fuch  draught  at  Wilmington,  each  court  of  af-  [^^jngt^^^'^ ^^^'^ 
fize,  and  the  commiffioners  fhall  account  for  the  same,  in  the  fame  manner  as  all  other  public  monies  by  ^ourt  of  atsize. 
law  are  to  be  accounted  for. 

An  a5l  to  revive  an  acl  entitled^  An  a£l  to  appoint  an  agent  to  fojicit  the  alFairs  of  this  province  at  the  feveral  chap.  5. 

boards  in  England,     txp. 


100    1751.    CHAP.  6.     An  aSt  for  granting  to  his  Majeffy  a  duty  en  the  importatKnof  rum  and  ivine,  into  Anjon  counH^ 
t„^>y^^  frtm  South-Carolina.  t\ 

Rep,  irsaii. 

CHAP>  8.       An  aS  tc  confirm  the  four  lots  in  Nenvbern  town,  lately  conveyed  to  the  commijJiDnef's  for  the  public  buildings,  fan 
Sec  page  95.  the  uje  of  the  public  for  ever.  ' 

WHEREAS  by  an  a£t  of  the  General  Aflembly,  palTed  at  Newbern,  the  feventeerith  day  of  March, 
in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  forty-nine,  entitled  "  An  additional  aft; 
to  an  a<a  entitled  An  aft  to  fix  a  place  for  the  feat  of  government,  and  for  keeping  public  offices,  for  ap-!- 
pointing  circuit  conrts,  and  defraying  the  expence  thereof  j  and  alfo  for  eftabliftiing  the  courts  of  juftice, , 
and  regulating  the  proceedings  therein  ;"  John  Starkey,  Edward  Griffith,  and  Jeremiah  Vail,  were  appoint- 
ed commiflioners,  with  full  power  and  authority  to  agree  with  any  perfon  or  perfons,  to  ereft,  carry  on,, 
asd  perfeft  the  public  buildings  at  the  town  of  Newbern  ;  which  fajd  commiffioners,  agreeable  to  a  refolve 
of  the  General  Aflembly,  had,  by  the  faid  commiffioners  foj:  conyeying  lots  in  the  town  of  Newbern,  grant- 
ed to  them,  their  heirs  and  affigns,  for  the  ufe  of  the  public  for  ever,  by  4eed,  bearing  date  the  feyenteenth 
day  of  April,  one  thoufand  feven  hundred  and  fifty,  four  lots  of  land  in  the  faid  town,  knawn  in  the  plan 
thereof  by  the  numbers  248,  249,  250,  251  }  which  fsiid  lots,  by  reafon  of  the  provifo  in  the  faid  deed 
mentioned,  will  foon  become  lapfable,  and  thereby  the  money  already  expended  towards  the  pubHc  build.*,, 
ings  now  begun,  will  be  loft,  and  the  good  intentions  of  the  faid  law  defeated  :  For  remedy  whereof,       .^ 
Certaia  lots  s»*      II.  We  pray  it  may  be  enafted,  and  be  it  enaSled,  by  his  Excellency  Gabriel  Johnfton,  Bfq  \  Governor,  by  And] 
^*''«  with  the  advice  and  confent  of  his  Majefiy^s  Council  and  the  General  Ajembly  (fthi^aid  province,  and  by  the  au-  '■ 

thority  if  the  fame.  That  the  faid  four  lots  of  land  in  the  town  of  Newbern,  numbered,  248,  249,  250,  251, 
Ihall,  and  they  are  hereby  declared  to  be  fayed,  for  the  ufeof  the  public  for  ever,  for  the  purpofes  aforefaid 
]by  virtue  of  the  faid  deed,  in  as  full  and  ample  manner,  as  if  the  faid  cpmmiffioners  had  erefted  a  houfe  on 
each  of  the  faid  lots,  of  the  quality  and  dimenfions  prefcribed  by  one  aft  of  Aflenjbly,  paffed  at  a  General! 
Biennial  Affembly,  held  at  Edenton,  in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  twenty-three  • 
and  alfo  mentioned  in  one  other  aft  of  Aflembly,  paffed  ia  the  year  of  our  Lord  one  thoufand  feven  huh-  ^i 
dred  and  forty -eight,  entitled  «  An  aft  for  the  better  regulating  the  town  of  Newbern,  for  fencing  the  fame, 
and  fecuring  the  titles  of  the  feveral  perfons  who  hold  lots  in  the  faid  town  ;"  any  law,  ufage,  or  cuftom 
to  the  contrary,  in  any  wife,  notwithlUnding. 

CHAP.  16.     An  aSito  amend  an  aEl  entitled,  An  aft  for  eftaWiffiing  the  church,  for  appointing  parifhes,  and  the  method 
See  note,  p.  of  eleft  ing  veftries,  and  for  direfting  !:he  fettlement  of  pariffi  accounts  throughout  this  province. 

57,  and  the  aflg  there  referred  to. 

THE    TITLES    OF    THE    P  R  J  V  A  T  E   ACTS. 

7  An  aa  to  u^ter  the  time  for  holding  ll»e ,€aurts  for  -the  connty    }■%  A"  a^  to  inyeet^he  property  cf  a  bridge  in  John  Peacock, 
of  Craven.  ^"*  h^irsand  assigns,  (liy  him  already  bti  It  over  Coteiu- 

9  An  aS  to  amend  and  supplv  the  defeiRs  of  an  aS  entitled,  tiea  creek)  for  the  term  <:f  tv;enty-fiv>i  )'ears.' 

"  An  aft  to  appoint  commissioners  in  the  place  and  stead  12  An  i&  for  tioilding  a  chuich  in   Wilmington,  in  St.  James's 
of  those  dtceased,  to  complete  and  finish  the  church  at  parish  in  New- Hanover  county. 

Newbern,  anil  for  adding  the  present  churchwardens  and  J3  Ain  ^&.  to  ^ppoiot  .corcmisyoners  ,to  receive,  collect,  and  ap. 
vestrymen  l;o  the  ^id  connnissioners,   ?tnd  for  empower-  ply  subscriptions  lowards  building  oj"  a  chtrcl.  in.the  town 

ing  the  said  commissioners,  churchwardens  and  vestry-  of  Biunsiwicfc,  in  St.  Philip's  parish,  and  for  other  use^ 

men  to  call  the  former  cominissioners  to  account  for  all  therein  mentioned.  I 

the   monies  by  them  received  for  the  use  of  the  said  14  A.n  adl  to  apoint  a  convei-dint  place  for  holding  the  county 
church,  and  to  appropriate  it  to  the  purpose  aforesaid,  couit  of  Puplin,    and  to  empower   tlie  commissioners 

and  in  case  of  insufficiency,  to  lay*  levy  to  accomplish  thetein  named,  to  built!  a  courc-house,  prison,  and  stocks 

the  same."  in  the *aid  county,  and  for  enlarging  the  bounds  thereof. 

10  An  aft  to  impower  the  Justices  of  Johnston  county,  to  di-  IS  4"  a^  'P  ernpower  the  covtt  of  Bladen  county  to  lay   tmt . 

vide  the  same  into  distrifls,  wA  to  appoint  commis»ion-  certain  distrifls  in  the  pl.-i.ces  thetein  mentioned,  and  to 

ers  for  the  roads.  appoint  <;omrpissioners  of  the  roads  for  the  same.  "'^ 

Signed  by  GABRIEL  JOHNSTON,  Efq.  Governor, 
William  Smith,  Prefident. 
John  Hodgson,  Speaker. 


1752.    101 


At  a  General  ASSEMBLY,  held  at  Bath-Town,  the  Thirty-first  Day  ofG^n^iar. 
March,  in  the  Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Fifty-  J;'*s"''G^o°.^,!no, 
two. 


An  aSl  for  licenfing  traders ^  pedlarsy  and  petty  chapmeny  and  granting  to  his  Majejiy  an  impojt  or  duty  on  goodly  CHAP.   1. 
luareSf  and  merchandize,  to  raife  fupplies  for  defraying  the  necejfary  charges  of  government,     exp. 

An  aS  for  facilitating  the  navigation  of  port  Bathy  port  Roanohy  and  port  Beaufort,     exp.  chap.  2. 

*^n  aBfor  appointing  a  treafjtrer for  the  counties  ofCurritucky  Pafquotaak,  Pequimonsy  Chowan,  Tyrrel,  Ber-  chap.  3. 
tiey  Edgecomb,  Northampton    and  Granville;  and  for  continuing  an  a£Iy  entitledy  An  a^fc  to  appoint  a  pub- 
lic treafurer  in  the  room  of  Eleazer  Allen,  Esq.  deceafed.     exp. 

Jin  aSito  amend  and  extend  an  a£l  to  appoint  infpeSlors  in  Neiv-Hanover  county  y  and  for  regulating  the  exports  chap.  4. 

atCape-Fear.     exp.  See  page  97. 

An  aB  to  amend  an  aSlfor  regulating  the  pilotage  of  Cape-Fear  river,  and  to  emponver  the  captain  effort  John-  chap.  5. 
Jlony  at  the  mouth  of  the  [aid  river y  to  examine  all  vejfels  entering  thefaid  river y  concerning  the  health  of  their  See  page  97, 
crews  on  board  thefaid  vffelt. 

An  aB  for  dividing  part  of  Granville  y  Johnfon,  and  Bladen  countieSy  into  a  county  and  parijhy  by  the  name  ofctfAT.  6. 
Orange  county,  and  the  parj/h  tf  St.  Matthew ',  and  J  or  appointing  vefrymen  for  the  Jaid  pari/h,  and  other  4  g^^ 
purpofes  therein  mentioned.  »       1753,  g, 

WHEREAS  the  counties  of  Granville,  Johnfton,  and  Bladen,  are  now  become  fo  very  extenfive, 
that  many  of  the  inhabitants  thereof  live  very  remote  from  the  places  where  the  courts  of  the  faid 
counties  are  held  ;  whereby  a  great  many  difficulties  and  hardfliips  arife  to  the  upper  inhabitants  thereof, 
not  only  in  attending  their  ordinary  bufinefs  in  the  faid  courts,  but  alfo  by  being  compelled  to  ferve  as  ju- 
rymen, and  oftentimes  aS  evidences,  at  the  faid  courts  :  for  remedy  whereof. 

11.  We  pray  that  it  may  be  enacted,  And  be  it  enaBed  by  his  Excellency  Gabriel  Johnfton,  Esq.  CovernoTy  Orangeerefled, 
hy  and  with  the  advice  and  confent  of  his  Majejij's  Council,  and  General  Affembly  of  this  province,  and  it  is  here- 
by enaBed  by  the  authority  of  the  fame.  That  the  upper  part  of  Granville,  Johnfton,  and  Bladen  counties,  be 
erefted  into  a  county  and  parifti,  by  the  name  of  Orange  county,  and  the  parifh  of  St.  Matthew  ;  and  be 
divided  by  a  line,  beginning  on  the  neareft  part  on  the  Virginia  line  to  Hico  creek,  thence  a  direct  line  to 
the  bent  of  Eno  river,  below  the  Occanechas,  near  to  the  plantation  where  John  Williams  now  dweileth  ; 
thence  down  the  South  fide  of  Eno  river,  to  Neufe  river  ;  thence  down  Neufe  river,  to  the  mouth  of 
Horfe  creek  ;  thence  a  direct  line  to  the  place  where  Earl  Granville's  line  crofles  Cape- Fear  river ;  thence 
along  the  faid  lire  to  the  eaftern  bounds  of  Anfon  county  ;  thence  along  the  dividing  line  of  Anfon  coun- 
ty, to  the  end  thereof  ;  and  that  the  upper  parts  of  the  faid  counties  be  divided  and  run  accordingly,  by 
the  commiffioners  herein  after  appointed  :  and  that  the  faid  county  and  parifli  (hall  enjoy  all  and  every  the 
privileges  which  any  other  county  or  parifti  in  this  province  holds  or  enjoys. 

The  remaining  eight  feBions  of  this  aB  either  of  a  private  or  a  temporary  nature,  or  repealed. 

,  An  aB  to  explain  and  amend  an  aB,  entitled.  An  act  for  empowering  the  feveral  commiflioners  herein  after  CHAP.  8. 
named,  to  make,  mend,  and  repair  all  roads,  bridges,  cuts,  and  water-courfes,  already  laid  out,  or  See  page  70. 
hereafter  to  be  laid  out  in  the  feveral  counties  and  diftricts  herein  after  appointed)  in  fuch  manner  as 
they  judge  moft  ufeful  to  the  public. 
Vol.  I.  D  d 


JOS    1752.  THE    TITLES    OF   THE   PRIVATE   ACTS. 

•      ' —  J,  ^j,  ^^  for  appointing  and  laying  out  a  town  at  a  place  cal-    9  An  act  to  encourage  Caleb  Gniager  to  baitd  a  bridge  orct 

led  Blackman's  Larding,  on  the  west   side  of  tJasia  ri-  Smith's  creek  near  tbe  place   known  by  the  name  of 

ver  OR  a  pUnUUoa  bslonjmg  to  Josqih  Wimberly.  Smith's  creek  terry,  in  New-Uanover  county. 


Signed  by  GABRIEL  JOHNSTON,  Esq.  Governor. 

Matthew  Rowan,  PrtftdmU  1 

Sauuel  Swakk,  Speaker, 


1753.    103 

I  ■*>»*————*———*— ^——^—^""—— '*"^^^——^^—'^^'^^*'^—— '^——^'^—^—^^^— * 

At  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  the  Twenty-se-  Matthew 
venth  Day  of  March,  in  the  Year  of  our  Lord  One  Thousand  Seven  Hun-  p«r4''^.^"'* 
dred  and  Fifty-three. 

An  a8  to  prevent  exce/Jive  and dtce'rtjul gaming.    EXP.  CHAP^  J» 

Aha^io  revive  and  continue  a  claufe  in  an  aS  of  the  General  AJJimhly  of  this  province^  entitled  «  An  a£l  to  fix  chap.  3, 
a  place  for  the  feat  of  government,  and  for  keeping  public  offices  j  for  appointing  circuit  courts,  and  g  _1 

defraying  the  expence  diereof  j  and  alfo  for  eftabliftiing  the  courts  of  juftice,  and  regulating  the  pro-   *^  ^^^^ 
ceedings  therein." 

Jitt  a£i  to  relieve fuch  perfons^  that  have,  or  mayfuffer^  hy  the  lofs  of  the  records  in  Onflow  county.  CHAP.  4, 

WHEREAS  by  a  violent  ftorm  or  whirlwind,  in  September  laft  pad,  the  houfe  of  Mr.  Thomas  Black, 
late  clerk  of  the  court  for  the  county  of  Onflow,  together  with  the  court-houfe,  and  moft  of  the 
records  belonging  to  the  county  court,  where  blown  away  and  deftroyed,  whereby  the  eftates  of  many  or- 
phans and  other  perfons  may  be  very  much  perplexed  and  prejudiced  ;  For  remedy  whereof, 

II.  Be  k  enaHedbj  the  Haneurabk  Mathew  Rowan^  JSfq.  Prefidenty  by  and  -with  the  advice  and  confetit  of  his  Copy  of  records 
Majefly's  Council  and  the  General  AJfembly  of  this  province,  and  by  the  authority  of  the  fame.  That  from  and  af-  ^*'"^"'^** 

ter  the  paffing  of  this  adl,  the  copy  of  any  judgment,  order,  fettlement  of  orphans  and  their  eftates,  or  other 
record  of  any  matter  or  thing  tranfafted  or  done  in  the  county  court  of  Onflow,  attefted  under  the  hand 
erf"  the  clerk  who  recorded  the  fame  (in  fuch  cales  where  the  original  is  loft  or  deftroyed)  (hall  and  may  be- 
giveit  in  evidence  in  any  difpute  or  controverfy,  or  in  any  court  whatfoever,  and  fhall  have  the  fame  weight 
and  credit  given  to  it  as  the  original  record  might,  or  ought  to  have,  could  it  have  been  produced. 

III.  And  be  it  further  enaBedby  the  authority  afore/aid,  Thit  where  perfons  have  negleded  taking  copies  Where  cojjies 
from  the  clerk's  office,  or  may  have  loft  them,  and  are  defirous  to  perpetuate  the  memory  of  fuch  judgments,  "f  records  are 
order,  probate  of  a  will  or  deed,  difpofal  of,  or  fettlement  of  orphans'  eftates,  or  any  other  matter  or  thing  r'acordf&^.'on 
franfa^ed  and  done  in  the  faid  county  court,  it  ihall  and  may  be  lawful,  upon  due  proof  made  in  open  daeproof  made, 
court  to  the  fatisfaftion  of  the  Juftices  of  fuch  court,  at  any  time  within  two  years  next  enfuing  the  paf- 
fing of  this  aft,  to  caufe  the  fame  to  be  entered  on  record  by  the  clerk  of  the  court,  in  a  particular  book 

for  that  ptirpofe,  and  therein  Ihall  recite  the  witneflTes  proving  the  fame,  and  that  the  original  record  was 
loft^in  the  ftorm  j  for  which  fervice  he  fhall  be  allowed  a  fufficient  reward,  at  the  difcretion  of  the  Juftices 
of  the  county  court,  to  be  paid  out  of  the  county  tax. 

IV.  And  be  it  further  enaSledy  That  fuch  record,  fo  made,  {hall  and  may,  at  all  times  hereafter,  be  plead-  Su-h  recorls 
ed  and  given  in  evidence,  and  have  the  fame  authority  in  any  caufe  or  court  whatfoever,  as  the  original  '***"i^d  good- 
tvould  have,  could  it  have  been  produced. 

V.  And  whereas  fince  the  ftorm,  for  want  of  houfes  and  accomodations,  the  court  could  not  be  held  at  Conn  not  held 
Johnfton  j  Be  it  enaEled,  That  it  ftiall  not  be  deemed  or  adjudged  error  in  any  proceedings,  or  other  public  ' '  Johnston,  to 
bufinefs,  tranfa£ted  in  the  faid  court  or  county  of  Onflow,  by  reafon  the  fame  hath  not  been  held  or  here-  ^^  "°  *"°'^' 
after  (hall  not  be  held  and  tranfa£ted  iu  the  town  of  Johnfton,  until  a  few  court-houfe  fhall  be  built  for 

the  faid  county,  in  the  town  of  Joluifton  ;  and  that  tlje  fame  fhall  be  built  within  two  years  from  the  paf- 
fing hereof. 

An  aB  to  prohibit  the  exportation  of  grain  in  time  cffcarcity.     exp.  chap.  5. 

An  additional  a8l  to  an  aSl  concerning  fervants  andflaves.  chap.  6 

WHERE  A  S  by  an  aft  entituled,  An  aft  concerning  fervants  and  flaves,  among  other  things,  it  is  pro-  vd.  2  54  199 
vided,  that  no  flave  fhall  go  armed  with  gun,  fword,  club,  or  any  other  weapon,  or  fhall  keep  any      "   '    * 


104.   1753. 


Slaves  not  to 
himt  with  a 
gUK,  unless 
their  owners, 
&c.  give  bond. 

Bond  assigned 
to  the  injured. 


In  what  casfs 
slaves  may  car- 


Court  to  ap- 
point searchers. 
See  an  amend- 
ment  of  this 
part  of  the  ail 
(concerning 
•earchers.) 
3,  X779,  7. 
Searchers' 
oath. 

Who  are  to 
search  ne^ro 
<ju.;rreis. 
Penalty  on 
searcher  refu- 
sing. 

3,  \7T9,  7. 
Searcher's  pri- 
vileges. 


Who  may  be 
appointed 
searchers. 
Penalty  on 
slaves  hunting 
■with  dogs. 


Slaves  not  fed 
according  to 
this  aA,  stealing 
cctn,  &c.  injur- 
ed person  to 
sue  the  ov^ner 


fueh  weapon,  or  (hall  hunt  or  range  In  the  woods  mth  a  gun,  upon  any  pretence  whatloever,  except  fucK 
flave  or  flaves  who  fliall  have  a  certificate,  as  in  the  faid  a£l  is  provided  :  and  whereas  the  remedy  in  the 
faid  a6t  provided,  has  proved  inefFe<ftual  to  reftrain  many  flaves  in  divers  parts  of  this  province,  from  go- 
ing armed,  which  may  prove  of  dangerous  confequence  ;  For  remedy  whereof, 

II.  We  pray  it  may  be  enafted.  And  be  it  enacted  by  the  Honourable  Mathetu  Rowans  Efq.  Prefident,  by 
and  with  the  advice  and  confent  of  hit  Majejlfs  Council,  and  the  General  Ajfembly  of  this  province.  That  from 
and  after  the  pafTing  of  this  a(£t,  no  certificate  (hall  be  figned  by  any  chairman  of  any  county  court  In  this 
province,  allowing  any  flave  to  carry  a  gun,  and  hunt  in  the  woods,  unlefs  the  mafter,  miftrefs,  or  mana- 
ger of  fuch  flave,  (hall  firft  enter  into  bond,  with  fufficient  fecurity,  to  the  county  court,  either  before, 
or  at  the  time  fuch  certificate  (hall  be  given,  for  the  good  and  honed  behaviour  of  fuch  flave ;  which  bond 
may  be  aflSgned  over  to  any  perfon  or  perfons  who  (hall  be  injured  by,  fuch  flave  ;  which  afliignee  (hall 
and  may  maintain  an  a(9:ion  thereon,  and  recover  fuch  damages  as  he  or  (he  (hall  or  may  fuftain  by  fuch 
flave,  in  any  court  of  record  in  this  province,  by  action  of  debt,  bill,  plaint,  or  information  •,  wherein  no 
elToign,  injundlion,   protedion  or  wager  of  law,  (hall  be  allowed  or  admitted  of. 

III.  And  be  it  further  enacted.  That  no  flave  (hall  have,  or  carry  a  gun  in  any  plantation  where  crop  Is 
not  tended,  nor  more  than  one  in  any  plantation  where  there  is  crop  tended,  nor  after  crop  is  houfed  : 
And  the  mafter,  miftrefs,  or  overfeer  of  any  flave,  with  whom  (hall  be  found  any  gun,  fword,  or  otlier 
weapon  contrary  to  the  true  intent  &nd  meaning  of  this,  and  the  before-recited  a£t,  (hall  forfeit  and  pay, 
to  the  perfon  (inding  the  fame,  the  fum  of  twenty  ftiillingf.  proclamation  money,  to  be  recovered  by  a 
warrant  before  any  one  Juftice  of  the  peace  for  the  county  where  the  o(Fence  (hsll  be  committed  ;  any 
punilhment  inflidted  on  the  flave,  forfeiture  of  the  gun,  fword,  or  other  weapon  notwithftanding  }  un- 
lefs fuch  mafter,  miftrels,  or  overfeer,  (hall,  by  their  own  oath,  or  other  proof,  make  appear,  that  fuch : 
flave,  carrying  a  gun,  fword,  or  other  weapon,  was  without  their  confent  or  knowledge. 

IV.  And  be  it  further  enacted.  That  the  Juftices  of  each  county  court,  when  and  where  they  judge  it 
neceflary,  (hall  divide  their  refpe£tive  counties  into  diftri£ts,  and  yearly,  at  the  firft  court  to  be  held  for 
their  counties  refpedively  after  the  firft  day  of  May,  (hall  appoint  three  freeholders  in  each  diftri£t  as 
fearchers,  who  (hall  take  the  following  o^th,  viz. 

"  T  A.  B.  do  fwear,  that  I  will,  as  fearcher  for  guns,  fwords,  and  other  weapons  among  the  flaves  in 
^  «  my  diftrift,  faithfully,  and  as  privately  as  I  can,  difcharge  the  truft  repofed  in  me,  as  the  law  di- 
«  reds,  to  the  beft  of  my  power."  SO  HELP  ME  GOD. 

Which  fearchers  fliall  four  times  a  year,  or  oftener  if  they  think  neceflary,  fearch  and.examine  the  quar- 
ters and  other  places  where  negroes  refort  in  their  diftrift,  for  any  gun,  fword,  or  other  weapon,  and  up- 
on finding  any  of  the  faid  weapons,  are  hereby  required  to  feize  the  fame,  and  convert  them  to  their  own 
ufe,  as  by  the  afore-recited  a£t  is  directed. 

V.  And  be  it  further  enaSled,  That  any  perfon  appointed  fearcher  ?is  aforefaid,  who  (hall  negleft  or  re- 
fufe  to  a£l,  (hall  forfeit  and  pay  the  (um  of  forty  (hillings,  proclamation  money,  to  fuch  perfon  who 
(hall  next  fucceed  him  ;  to  be  recovered  as  other  fines  in  rliis  a£t  mentioned. 

VI.  And  for  the  encouragement  of  fuch  fearchers  faithfully  to  execute  their  office,  Be  it  further  enaSl- 
ed  by  the  authority  aforefaid.  That  each  and  every  fearcher  (hall,  as  to  his  own  perfon,  be,  during  the  time 
of  his  continuance  in  his  office,  exempted  from  ferving  as  a  conftable,  or  upon  the  roads,  or  in  the  mi- 
litia, or  as  a  juror,  and  (hall  not  be  obliged  to  pay  any  provincial,  county,  or  parilh  tax,  of  what 
kind  or  nature  foever,  - 

VII.  Provided  always.  That  no  perfon  but  fuch  as  are  liable  to  be  appointed  conftables,  Ihall  be  oblig- 
ed to  ferve  as  fearchers  \  any  thing  in  this  aft,  to  the  contrary,   notwithftanding. 

VIII.  And  be  it  enaSted  by  the  authority  afcref aid,  That  no  flave  (hall  hunt  or  range  in  the  woods  with  a 
dog  or  dogs,  except  fuch  as  (hall  have  a  certificate  for  hunting,  obtained  as  is  in  this  aft  direfted  :  And 
if  any  flave  fliall  be  found  offending  herein,  it  fiiall  and  may  be  lawful  for  any  perfon  or  perfons  to  kill  and 
deftroy  the  faid  dog  or  dogs,  and  to  bring  the  faid  flave  before  the  next  magiftrate,  who  (hall,  on  due  proof- 
of  his  offence,  order  the  faid  flave  fuch  correction  as  he  (liall  judge  reafonable,  not  exceeding  thirty  lafties. 

m.  Repealed  by  aB,  Nov.   in^^.Ch.m.  '  ' 

X.  And  be  it  enabled  by  the  authority  ajorefai J,  That  in   cafe  any   flave  or  flaves,  who  (hall  not  appear  to 

have  been  cloathed  and  fed  according  to  the  intent  and  meaning  of  this  aft,  fliall  be  convlfted  of  ftealing 

any  corn,   cattle,  hogs,  or  other  goods  whatfoever,  from  any  perfon  not  the  owner  of  fuch  flave  or  flaves,' 

fuch  injured  perfon  (hall  and  may  maintain  an  aft  ion  of  trefpafti  agair.tt  the  mafter,  owner,  or  pofleflbr  of 


Tuch  flave,   in  the  General  or  County  court,  and  fliaJl  recover  his  or  her  tiamages,  with  cofts  of  fult }  any   1T53.    105 
law,  ufage,  or  cuftom,  to  the  contrary,  notwithftanding. 


Anacl  for  ereBingthenpprr  part  of  Anfon  cmnt-j  into  a  county  and  partfhy  hy  the  name  of  Roivan  county,  and  chat? .  7. 
St   LiiWspari/Ij:,    and  for  appointing  a  place  for  holding  a  court  in  the /aid  coufity.  irss,  22* 

WHEREAS  the  county  of  Anfou  is  now  become  fo  very  extenfive,  that  many  of  the  inhabitants 
thereof  live  very  remote  from  the  place  where  the  court  of  the  faid  county  is  held  ;  whereby  a 
great  many  difficulties  and  hardflilps  arife  to  the  upper  inhabitants  thereof,  not  only  in  attending  their 
ordinary  biifinefs  in  the  faid  court,  but  alfo  by  being  (^gnelled  to  ferve  as  jurymen,  and  oftentimes  as 
evidences  at  the  faid  court ;  For  remedy  whereof,         lEp 

II.  We  pray  that  it  maybe  cnadled,  And  be  it  enaEleO^^he  honourable  Matthew  Rovan,  Efq.  Preftdent,  Rowan  erefted. 
by  and  ivith  the  advice  and  confent  of  his  Majejiy's  Council^  and  the  General  Affembly  of  this  province.,  and  by 
the  authority  of  the  fame.  That  Anfon  County  be  divided  by  a  line,  to  begin  where  Anfon  line  was  to  crofs 
Earl  Granville's  line,  and  from  thence,  in  a  direft  line,  north,  to  the  Virginia  line  ;  and  that  the  faid 
county  be  bounded  to  the  north  by  the  Virginia  line,  and  to  the  fouth  by  the  fouthermoft  line  of  Earl 
Granville's  land :  And  that  the  upper  part  of  the  faid  county,  fo  laid  off  and  divided,  be  ereiled  into  a 
county  and  parifli,  by  the  name  of  Rowan  county,  and  St.  Luke's  parifh  ;  and  that  all  the  inhabitants 
to  the  weftward  of  the  faid  liae,  and  included  within  the  before  mentioned  boundacies,  ihall  belong  and 
appertain  to  Rowan  county  ;  And  that  the  faid  county  and  parifti  fliall  enjoy  aU  Stnd  every  the  privileges, 
which  any  other  county  in  this  province  holds  or  enjoys, 

T}:e  remaining  eight JeBions  being  of  a  private  or  a  temporary  nature,  are  therefore  omitted. 

Jn  aB  to  amend  afi  aSi,  entitled.  An  a£l:  for  dividing  part  of  Granville,  Johnfton,    and  Bladen    counties,  chap.  8. 
into  a  county  and  parifh,  by  the  name  of  Orange  county,  and  the  parifh  of  St.   Matthew,  and  for  ap-  ^^^g  p.  loi 
poitvting  veftrymen  for  the  faid  parifh,  and  other  purpofes  therein  mentioned, 

WHEREAS  it  is  found  to  be  n>ore  convenient  to  the  inhabitants  of  the  faid  county  to  have  the  lines 
mentioned  in  the  ^bovefaid  zOfi,  to  run  from  the  nearell  part  of  the  Virginia  line  to  Hico  creek, 
in  a  dire£l  line  to  the  bent  of  Eno  river,  below  the  Occanechas,  ?nd  fjrom  thence  down  the  Eno  River  to 
Neufe  River,  and  fjrom  thence  do'syn  Neufe  River,  to  the  mouth  of  Horfe  creek,  altered  by  a  line  to  be 
run,  beginning  on  the  Virginia  line,  twenty  miles  weft  of  Granville  Court-houfe,  running  thence  a 
fouth  courfe  to  Neufe  River,  thence  bounded  by  the  faid  river  to  the  mouth  of  Horfe  creek  ;  and  that 
the  jurors  dire£l:ed  by  the  faid  aft  to  attend  the  General  court  of  Newbern,  ftiould  be  returnable,  and  at- 
tend the  court  of  Affize,  in  Edgc.omb  coynty  : 

JI.  We  pray  that  it  may  be  enafted,  And  be  it  enaBedby  the  honourable  Matthfw  Roivan,  Efq.  Prtftdent 
and  commander  in  chief  of  this  province,  by  and  with  the  advice  and  confent  of  his  Majeflfs  Council,  and  the  Gen- 
end  Affembly  of  this  province,  and  it  is  hereby  enacted  by  the  authority  of  the  fame.  That  inftead  of  the  lines 
mentioned  in  the  above  recited  aft,  to  be  run  from  the  iieareft  part  of  the  Virginia  line  to  Hico  creek 
in  a  direft  lii>e  to  the  bent  of  Eno  River,  below  the  Occanechas,  and  from  thence  down  the  Eno  River 
to- Neufe  River,  at  the  mouth  of  Horfe  creek,  a  line  fhalfoe  run,  beginning  on  the  Virginia  liae,  twen- 
ty miles  weft  of  Granville  court-houfe,  running  then.ee  a  fouth  line  to  Neuse  river,  and  thence  bounded 
by  the  faid  river  to  the  mouth  of  Horfe  creek. 

III.  and  IV.   Of  a  private  and  temporary  nature^  and  therefore  not  neceffary  to  he  inferted. 

V.  And  he  it  further  enacted  by  the  authority  aforefaid.  That  the  claufes  in  the  before  recited  aft,  fo  far 
as  they  relate  to  running  tjia  faid  line,  from  the  Virginia  line  to  Hico  creek,  in  a  direft  line  to  the  bent 
of  Eno  River,  below  the  Occanechas,  and  from  thence  down  the  Eno  River  to  Neufe  River,  and  from 
thence  down  Neufe  River  to  the  mouth  of  Hoffe  creek,  dividing  Orange  and  Granville,  and  the  return- 
ing jurors  for  the  faid  county  ,of  Orange  to  attend  at  the  General  court  at  Newbern,  be  and  are  hereby 
repealed  and  macje  void,  to  all  intent?,  purpofes,  and  conftruftions,  as  if  the  fame  had  never  been  made. 

THE   TITLES    OF   THE   PRIVATE   ACTS. 

3  An  aft  Tor  ar.poiiUini;  and  laying  ^ut  a  town  on  Core  Banks,  ing  commissioners  for   compleating  the  fort  at  or  neuf 

near  Ocacock  inlet,  in  Carteret  coijntj^,   and  for  appoint-  the  same  place. 

Signed  by  MATTHEW  ROWAN,  Efq.  Prefident. 
Jame;s  Murray,  Prefident  of  the  Council, 
Samuel  Swann,  Speaker, 
Vol.  L  Ee 


-    iUt)     175}.. 


'Mrt 


Matthew 
Rowan,  Esq 
President, 


At  a  General  ASSEMBLY,  begun  and  held  at  Wilmington,  the  Nineteer.ih 
i)ay  of  February^  in  the  Year  of  Our  Lord  one  Thousand  Seven  Hundred 
and  Fifty-four. 


CHAP.    1. 


Commission- 
ers. 


Kiteiber  of 

Value  of  the 
money. 


Penalty  on  per 
sons  counter- 
feiting it. 


Gommission- 
crs'  bond. 


/n  act  for  granting  to  his  mytjiy,  thefum  oj  forty  thoufattd  pounds,  in  public  bilk  of  credit,  at  the  rate  of  procla- 
mation money  ^  to  be  applied  towards  defraying  the  expence  of  ra'ifmg  and fu^fifling  the  forces  for  his  mijefl^'s  fr- 
vice  in  this  province^  to  be  fcnt  to  the  ajfifiancs  of  his  mf  fly's  colony  of  Virginia  ,•  and  for  other  puipofes  therein 
mentioned. 

WHEREAS  his  majefty  hath  been  pleafed,  by  inftru£tion  to  the  eommaiiderin  chief  of  this  province 
to  dirett,  that  in  cafe  any  European  power,  or  Indians  under  their  influence,  fhould  make  any 
holtile  invafions  on  his  msajefty's  proyince,  to  repel  force  with  force  j  and  on  application,  to  aflift  any 
neighbouring  province,  if  any  attack  ihould  be  madeo.i  them: 

II.  And  whereas  the  government  of  Virginia  hath  defired  the  afliftance  of  fome  of  the  militia  of  this  pro- 
vince to  drive  off  the  French,  who  have  lately  aftually  committed  hoftilities  on  that  colony,  and  difperfed 
:md  plundered  many  of  the  inhabitants,  built  a  ftrong  fort,  and  placed  a  garrifon  within  the  known  bounds 
of  that  colony  .•  this  Aflembly  being  defnous  of  fhewing  their  duty  to  his  majefty,  and  zeal  for  his  fervice 
and  their  concern  and  defire  to  promote  good  order,  literature,  and  true  religion  in  all  the  parts  of  this 
province,  and  finding  it  impra£ticable  (the  fcarcity  of  money  being  fuch)  to  procure  a  fum  fufficient  to 
raife  and  fubfift  forces  to  be  fent  to  the  aid  of  Virginia,  and  for  the  other  purpofes  above  mentioned,  by 
an  immediate  tax  on  the  people  :  therefore. 

III.  We  pray  that  it  may  be  en^fted,  And  he  it  enacted  by  the  honourable  Matthew  RoivaUy  Efq.  Prifident, 
and  Commander  in  Chief,  by  and  ivith  the  advice  andconfent  of  his  Majeflfs  Council,  and  the  General  AJfemhly  of 
this  province,  and  by  the  authority  of  the  fame.  That  the  honourable  John  Swann,  and  Lewis  DeRoflet,  Efqrs. 
bamuei  Swann,  and  John  Starkey,  Efqrs.  are  hereby  authorifed  and  impowered  commiffioners  to  ftamp  and 
make  out,  orcaufe  to  be  ftamped  with  copper-plates,  and  fign'd  with  their  hands,  public  bills  of  credit  of 
this  province,  to  the  amount  of  forty  thoufand  pounds,  at  the  rate  of  proclamation  money  ;  that  is  to  fay, 
two  thoufand  five  hundred  forty  (hilling  bills,  four  thoufand  thirty  (hilling  bills,  four  thoufand  twenty 
fix  (hillings  and  eight-pence  bills,  fix  thoufand  twenty  (hilling  bills,  fix  thoufand -fifteen  (hilling  bills,  eight 
thoufand  ten  (hilling  bills,  eight  thoufand  five  (hilling  bills,  ten  thoufand  four  (hilling  bills,  eleven  thoufand 
two  (hilling  and  eight-penny  bills,  thirty  thoufuji  one  (hilling  bills,  forty  thoufand  eight-penny  bills,  and 
thirty-one  thoufand  four-penny  bills. 

IV.  And  be  it  further  enaSled  by  the  authority  aforfaid.  That  the  bills  of  credit  to  be  emitted  by  virtue 
of  this  aft,  (hall  be  current  and  a  lawful  tender  in  all  payments  whatfoever,  as  proclamation  money,  or  as 
(lerling  money,  at  the  proper  difference  there  is  between  proclamation  money  and  fterling  money  ;  that  is 
to  fay,  at  four  (hillings,  proclamation  money,  for  three  fliillings  (lerling. 

V.  And  be  it  further  enacted  by  the  authority  aforefaid,  That  if  any  perfon  or  perfons  (hall  counterfeit,  al- 
ter, or  erafe  any  of  the  faid  public  bills  of  credit  of  this  province,  or  (hall  aid  or  afiill  in  counterfeiting,  al- 
tering, or  erafing  fuch  bills,  or  (hall  utter  any  of  the  faid  bills,  knowing  them  to  be  fo  counterfeited,  altered, 
or  erafed,  fuch  perfon  or  perfons  fo  ofFending,  (hall,  for  the  firft  oiFeuce,  be  whipped  at  the  difcretion  of 
the  court  befor?  which  fuch  perfon  (hall  be  convlfte i,  not  exceeding  forty  lalhes,  and  ftand  on  the  pillory 
two  hours,  and  have  both  his  ears  nailed  thereto,  and  cut  o(F  ;  and  for  the  fecond  offence,  be  deemed  a 
felon,  without  benefit  of  clergy  ;  and  (hall  be  adjudged  and  fuffer  accordingly. 

VI.  And  be  it  further  enaSled  by  the  authority  aforifaid.  That  each  of  the  co-nmifiioners  herein  before  ap- 
pointed, (hall,  before  he  enters  upon  the  excution  of  his  office,  give  bond  to  his  honour  the  Prefident,  or 
Com  -nandcr  in  Chief  for  tha  time  being,  for  the  ufe  of  the  public,  in  the  fum  of  five  thoufand  pounds,  pro- 
clamation money,  for  the  du^  and  faithful  execution  of  his  office,  according  to  the  true  intent  and  mean- 
ing  of  this  a£l :  which  faid  bond  (hall  be  lodged  in  the  Secretary's  ofllce  of  this  province  ;  and  (hall  alfo 
take  an  oath,  for  the  d.u^  and  faithful  execution  of  his  office  of  commiffioner  aforefaid. 


t.  And  be  it  further  emBed  by  the  aoHt^Hty  a/orvfiidy  1  hat  the  faid  commiflTioners  fliall  have  iind  receive,    1754.   107 
eir  llamping  and  paying  out  the  faid  bills  of  credit,   the  fum  of  eight  hundred  pounds,  proclamation  '  ,.»-y-»*» 

And  allow- 

ley* 

'^IIl.  And  be  it  further  enaJfed  by  the  authority  aforejaid,.  That  as  foon  as  the  faid  comniilBoners  {hall  have  ^"" 
.„ivped  and  figned  the  feveral  bills  to  the  amount  of  forty  thoufand  pounds,  proclamaticn  money  afore-  i^e  pYbhc'trea- 
■  ud,  they  fhall  deliver  the  fame  (except  twelve  thoufand  pounds,  to  be  paid  in  manner  as  hereafter  direcl-  surers. 
dl  to  the  public  treafurers,  in  fiich  proportion  as  may  be  neceflary  to  difcharge  the  payments  that  are  to 
e  inade  for  the  purpofes  in  this  aft  mentioned,  in  the  refps<ftive  diftrifts  of  the  faid  treafurers  :  which 
iid  treafurers  (on  notice  given  by  the  aforefaid  commifliorj«il|itof  the  day  and  place  they  will  deliver  the 
lid  bills)  (hall,  and  they  are  hereby  required  and  dire€led,  tl^and  there  to  attend,  to  receive  the  fame  in 
I  lanner  aforelaid,  from  the  commiffioners  aforefaid,  and  place  the  fame  in  their  feveral  ofhces  to  and  for 
i  lie  ufes,  intents,  and  purpofes  in  this  a<S  after-mentioned. 

}l  IX.  And  be  it  further  enaSfed  by  the  authority  aforefaid.  That  each  of  the  faid  public  treafurers  fhall  have  Their  allow- 
1  |nd  be  allowed  one  per  cent,  for  his  trouble  on  all  the  public  bills  of  credit  that  he  fhall  receive  as  afore-  ^"'^^'  ^^■ 
lliid,  and  pay  in  virtue  of  this  a£l,  and  no  more  ;  any  law,  ufage,or  cuilom  to  the  contrary  notwithfland- 

X.  And  be  it  furtheP'emBedby  the  authority  ajorefaidy  That  if  any  commiihoner  or  commi^ioners  aforefaiil.  Commissioners 
I'efore  the- fum  of  forty  thoufand  pounds  fnall  be  damped  and  figned,  fhall  die  or  depart  this  government,  g'^"^;^^^^ 

;  liat  then  the  governor  or  commander  in  chief  for  the  time  being,  fhall,  and  is  hereby  authorifed  and  im-  appoint  others. 
\  owered,  to  appoint  another  perfon  or  porfons  in  the  room  and  {lead  of  (uch  commilhoner  or  commilTioners 
:  3  dying  or  departing  this'government  •,  and  fuch  perfon  or  perfons  fo  appointed,  {hall  be  veiled  with  the 

ame  power,  benelits  and  authority,  and  be  fubjedl  to  the  lame  regulation  and  reflridions,  as  the  eommif- 

loner  or  commilhoners  ap)pointed  by  virtue  of  this  a£l. 

XI.  And  be  it  further  enabled  by  the  authority  aforefaid,  Thzt  the  Ca.id{nmoi  forty  thoufand  pounds,  when  Money  appro- 
:  fhall  be  (lamped  and  figned,  be,  and  is  hereby  applied  and  appropriated  for  the  ufes,  intents  and  purpofes  printed. 
erein  after  mentioned  ;  that  is  to  fay,  the  fum  of  twelve  thoufand  pounds  for  the  enlifting,  fubfi{ting,  and  12,000/.  to  the 
aying  the  forces  defigned  for  the  afhilance  of  the  colony  of  Virginia,  againd  the  French  and  Indians  wha  ^'^'^"^• 

ave  invaded  the  faid  colony  at  Ohio^  which  (hall  be  paid  by  (he  faid  commifiloners,  by  warrant  or  war- 
ants  from  the  governor  or  commander  in  chief,  to  the  colonel  or  commanding  oflScer  of  the  regiment,  or 
(lis  order  -,  which  faid  olhcer  (liall  fird  give  bond,  with  fufficient  fecurity,  in  the  fum  of  twelve  thoufand 
jtounds,  proclamation  money,  payable  to  his  Majedy,  his  heirs  and  fucce{rors,  for  the  ufe  of  the  public,  for 
iihe  due  application  of  all  fuch  monies  he  may  or  (hall  receive  in  virtue  of  any  fuch  warrant  or  warrants, 
i.nd  (hall  alfo  account  for  the  fame  in  fuch  manner  as  all  other  public  monies  are  by  law  to  be  accounted 
ipr  ;  which  bond  (hall  be  lodged  in  the  Secretary's  office  -,  and  fuch  olEcer  fhall  retain  one  per  cent,  for 
deceiving  and  paying  the  faid  money. 

And  the  fum  of  two  thoufand  pounds  to  the  ufe  of  fort  Johndon,  for  drengtheriing,  guarding,  watch-  2ej50/.  to  fort 
ling,  and  preferving  the  faid  fort ;  to  be  drawn  out  of  the  hands  of  the  public  treafurer,  by  order  or  war-  J°^ns'on. 
[ant,  under  the  hands  of  the  commiflTioners  appointed,  or  to  be  appointed  according  to  law,  for  build- 
jlng  the  faid  fort,  or  the  major  part  of  them,  in  the  fame  manner  as  they  by  law  are  impowered  to  do. 
8    And  the  fum  of  two  thoufand  pounds  for  the  finifhing  fort  'GranviUe,  at  Occacock  Inlet,  to  be  paid  by  2000/.  to  fort 
irhe  treafurer  to  the  commiflioners  for  building  the  faid  fort,  by  a  warrant  from  the  governor  or  commander  ^""^"vilie. 
In  chief  for  the  time  being  ;  they  fird  giving  bond,  payable  to  his  Majedy,  his  heirs  and  fucceffors,  in  the 
fum  of  four  thoufand  pounds,  proclamation  money,  for  the  ufe  of  the  public,  to  apply  the  fame  for  the  ufes 
hy  this  a£l  intended,  and  to  account  for  the  fame  with  the  public  treafurer  ;  which  faid  bond  (hall  be  lodg- 
ied  in  the  Secretary's  olftce. 

And  the  fum  of  one  thoufand  pounds  for  the  frontier  counties  of  Anfon  and  Rowan,  for  purchafing  lOCO/.  to  the 
arms  and  ammunition  for  the  ufe  of  the  poorer  inhabitants  of  the  faid  counties  •,  to  be  paid  by  the  public  son  "and  R*^"' 
Treafurer,  by  warrant  from  the  Governor  or  Commander  in  Chief  for  the  time  being  ;  that  is  to  fay,  five  an. 
hundred  pounds  to  Mr.  Caleb  Howel,  and  Mr.  Charles  Robinfon,  of  Anfon  county,  and  five  hundred 
pounds  to  Mr.  James  Carter  and  Mr.  John  Brandon,  of  Rowan  county,  to  be  by  them  refpedively  applied 
for  the  ufe  by  this  a£l  intended,  each  of  them  fird  giving  bond,  with  fufficient  fecurities,  payable  to  his  Ma- 
jedy, his  heirs  and  fuccelTors,  in  the  fum  of  five  hundred  pounds,  proclamation  money,  for  the  ufe  of  the 
public,  for  the  faithful  difcharge  of  the  trud  hereby  repofed  in  them  ;  which  faid  bond  (hall  be  lodged  in  ^^oo/  for  pub- 
the  Secretary's  office  j  and  (hall  produce  to  the  public  Treafurer,  a  certificate  from  the  court  of  the  county  iic  debts. 


18  000.',  appli- 
eJ. 


6000J.  for  a 
public  school. 


2000/.  to  the 
public  build- 
ings. 


Suspending 
clause. 


Tax  la'd. 


108    1754-.  refpcclively,  tW  the  fecurities  fo  taken  are  fufGcient  ;  and  fhall  account   with  the  faid  treafurer  for-^jii 
v-*'*>nO  money  aforefiid,  by  them  fo  received.     And  the  fum  of  four  thoufand  two  hundred  pounds,  proclamatior 
money,  for  and  towards  paying  the  pub'ic  debts  of  this  province. 

XII.  And  bs  it  fit  ther  enacled  by  thi  authority  nforefiidy  That  the  lum  of  eighteen  thoufand  poundS",  re- 
mainder  of  the  forty  thoufand  pounds  of  the  bills  of  credit  to  be  ftamped  and  figned  by  virtue  of  this  actj 
fliall  be  applwd  to  and  for  the  following  ufes,  intents,  and  purpofes,  that  is  fay  :  The  fum  of  fix  thoufand 
pounds  for  the  founding  and  endowing  a  public  fchool,  in  fuch  manner  and  under  fuch  regulations,  as 
the  Governor,  or  Commander  in  Chief,  for  the  time  being,  the  Council,  and  General  Aflembly,  (hall  cm 
('SOO/.totheuse  ^^"^^  dired,  and  appoint.  The  fum  of  fevea  i^oufand  two  hundred  pounds  to  the  ufe  of  the  twenty-fouii 
ofthe  parishes,  parities  now  erefted,  out  of  which  faid  fum,  three  hundred  pounds  (hall  be  paid  into  the  hands  of  the 
churchwardens  and  veftry  of  every  refpe£live  parifli  in  this  government ;  to  be  by  them  applied  to- 
wards building  or  finifhing  a  parifh  church,  purchafing  land  and  ftock  for  a  glebe,  and  building  a  par.- 
fonage  houfe,  within  their  feveral  and  refpeflive  parifhes  ;  to  be  paid  by  the  treafurers  to  the  church^i 
wardens  of  each  and  every  parilh,  by  ordei  of  the  feveral  and  refpeftivs  veftries  ;  to  be  by  them  applied 
to  the  ufes  and  purpofes  by  this  aft  intended,  and  no  other.  And  the  fum  of  two  thoufand  pounds,  foi 
and  towards  finifhing  the  public  buildings  in  this  province  ;  to  be  applied  by  the  commiflioners  already 
2800/  f  appointed,  whereof  the  prefent  treafurer   for  the  fouthern  diftrift,  is  one,  towards  cpmpleating  and 

tingtncies.  '  ^"ifhing  the  faid  buildings,  and  (hall,  by  the  faid  commiflioners,  be  accounted  for,  from  time  to  time/ 
with  the  General  AiTembly.  And  the  fum  of  two  thoufand  eight  hundred  ppuiids,  for  and  towrards  d^ 
fraying  the  contingent  charges  of  this  Government. 

XIII.  Provided  always,  and  it  is  hereby  enaSied  and  declared..  That  the  faid  remaining  public  bills  of  pred^i 
it,  to  the  amount  of  eighteen  thoufend  pounds,  (hall  not  be  ilTued  or  paid  by  the  faid  treafurers,  or  any 
other  perfon  or  perfons  whatfoeyer,  for  and  towards  the  purpofes  herein  before  mentioned,  or  to  anji 
other  purpofe  whatfoever,  until  his  majefty's  royal  approbation  or  confent  (hall  be  fignified  to  the  Govern?) 
or,  or  Commander  in  Chief  of  this  province,  for  the  time  being  •,  any  thing  in  this  aft,  to  the  contrary^ 
not  with  (landing,  ('a  J  ^ 

XI V.  And  he  it  further  enaBed  hy  the  authority  aforefaid.  That  the  tax  of  one  (hilling  proclamation  moj) 
ney,  for  finking  the  prefent  currency,  fhall  continue  to  be  annually  levied  on  every  taxable  perfon  within 
this  province,  and  be  collefted  by  the  fherifF  of  every  refpeftive  county,  and  fhall  be  paid  in  gold,  filver^i 
or  bills  of  credit,  on  or  before  the  firft  day  of  March,  yearly  ;  and  that  all  perfons  neglefting  to  pay  th^ 
faid  tax  at  the  time  by  law  limited,  (hall  be  liable  t©  fiich  difitrefs,  to  \>e  made  by  the  fherifF,  as  for  non?i 
payment  of  other  taxes  ;  and  the  faid  fheriffof  each  and  every  county,  on  or  before  the  tenth  day  of  June<; 
yearly,  fliall  return  a  lift  of  taxables,  and  alfo  account,  upon  oath,  and  pay  into  the  hands  of  the  publjc 
treafurer  of  the  refpeftive  diftrift,  all  fuch  fums  of  money,  as  he  fhall  have  received  in  virtue  of  this, 
aft,  under  the  penalty  of  two  hundred  pounds,  proclamation  money,  for  every  default  j  and  every  fuch 
fhcr:fF  and  his  fecurities,  ftial}  be  further  liable  to  a  fuit  or  fuits,  and  rgcoyery,  on  the  fecurity  bond  giy?; 
en  for  the  performance  of  his  office. 

XV.  And  for  the  more  fpeedy  and  efFeftual  calling  in  and  finking  the  bills  of  credit  tp  be  emitted  by  \\t< 
tuc  of  this  aft,  Be  it  enacted  by  the  authority  aforefaid,  That  from  and  after  the  expiration  of  the  aft  tor  li-i 
cenfing  traders,  pedlars,  and  petty  chapmen,  .and  granting  to  his  majefly  an  import  on  goods,  wares,  and 
merchandize,  to  raife  fupplies  for  the  tiecefiary  charges  of  government,  there  fhall  be  paid  for  every  galj! 
Ion  of  wine,  rum,  or  other  diftilled  liquors,  imported  or  brought  into  this  province,  either  by  land  or, 
wafer,  fropi  any  port  or  place  whatfoever  (Great-]3ritain  excepted)  the  duty  of  four  pence  per  gallon^ 
proclamation  money. 

XVI.  And  be  itfurtlier  enacted  by  tjie  authority  aforefaid.  That  the  matter  of  every  vefTel  hereafter  ini^i 
make  report  in  porting  liquors  liable  to  a  duty,  by  virtue  of  this  or  the  before  recited  aft,  to  any  port  or  place  within  thii: 
hTursT^  *        province,  fhall,  within  forty-eight  hour$  after  his  arrival,  make  a  true  and  juft  report,  upon  oath,   to  the, 

receiver  of  the  duty  on  fuch  liquors,  of  the  quantity  of  liquor,  with  the  particular  marks  and  numbers  pji 
every  calk  or  package  cgntaining  the  fame  and  to  whom  configned,  to  the  beft  of  his  knowledge,  under  t% 
penalty  of  forfeiting  one  hundred  pounds  proclamation  money.  •>. 

XVII.  And  be  it  further  exacted,  That  from  and  ^fter  the  pafiuig  of  this  aft,  no  wine,  rum,  or  other 
diftilled  liquor,  fhall  be  landed  or  put  on  iliore  or  any  other  way  delivered  out  of  the  veflbl  importing  the 
fame,  before  due  entry  made  thereof,  upon  oath,  by  the  importer,  owner,  or  faftor,  with  the  receive! 
appointed  by  this  or  the  before  mentioned  aft,  for  receiving  the  duty  in  the  place  cr  port  where  the  faiwj. 

CaJ  I  know  not  whether  the  Kiiiii's  approbation  or  consent  was  ever  given. 


Duty  on  li 
qu&rs. 


Importer  to 


Not  to  land  till 
duty  paid. 


Ciall  be  Imported,  or  before  the  fald  duty  fiiall  be  fullv  fah^fi/.^  ,«^  «  -j        r< 

j         ^V^I^-  '^'?^^^?'/«^''^?»*<'««rf^</.  That  anv  DerfonornprfnncK-rr.^- 

li,,o«,  into  thi,  province,  by  land,  n,all/wkhK«,ShfS.u^  XAr/^T/'  '.""V"  °*«*«IW  I-il"-in.p.-. 
pake  a  due  report,  on  oath,  ofthe  quanti  y  the,.ofrtr&  LcXL  5  ,h  '  ^'"r '"i?""  <"■  ^'"'^"^  *<=  ''"n.e,  f  ,-yi»1.;., 
pointed  by  .irtue  of  this  or  the  before  mentioned  aa,  aXav  the  dufv  mn„r5  ""  ^T  "5  P''"^"'  V  Jv' i'^lit 
^cuntv,  to  our  fo,ereign  lord  the  King,  his  heirs  a;,d  fuSrs!  fo^thT^IVthrjbr""'';  ™'"'«°°'' 

Sgr  |dl^;^f„ittSuSJf;oro;£^ 

n.sf fre*'.4^;*rnfii,"j^r;i^i£±„°7rS?^^^^  ^ire^.y  or  .,«„,  -.- 

fon  tjperfons  fl,Iu  forfeit  and  pay'<S?,SSSd";S1ro*„^:i*"rney'''^^^  '°""«''''  '-»  P-  '^  "" 

r«eive-.^eK^d'n?lyX'pSn^f^^^^^^^^ 

reaijr,  any  bribe,  recompence,  or  reward  whatfoev  J  for  L„l^  •  ^  /  ceivers  taking 

'  Other  diftilW  liquors,  thJt  ihal  b,  im^o^rfnS X^^^^  ^"'"^^  ^^ -"^^  rum"t^'^''- 

pubhc  may  be  defrauded,  fuch  perfon  (hall  forf^t  and  nav  the*  fnm     f^     f  f  '^"*"'"'  ^^^'"eby  the 
^  t.on  money  ,  and  the  perfon  or  perfons  giving  opaytraVyYuS^^  P^^'^ds.  proclama! 

:  ^°''4vr'"'^  m  *"  ^""^  °^°°'^  ^""''^^d  p^ounds  like  monkey  ^  ^       '^^  '*  «compence,  or  reward,  ftall 
AAl.  And  be  tt further  enacted  by  the  authority  aforeraid.  That  fb^  r»..- 

duty.  o'^nyperfonbyhim,themroranyoftivCoS  L^^^^  or  receivers  of  the  aforefaid  deceive. pow. 

ter  on  board  any  veOel,  provided  {he  hath  been  in  nort  fiv  ?r  *^^"j^^/^  f""  Power  and  authority  to  en-  f '° ''"""« ^''^ 

quorsreportedorenteredVand  liable  to  p?yAed^^^^^^^^  ^'11'^/^  ^°" '°  -uch  of' the t  •^-'^• 

fueh liquors  fo  repprted,   and  the  fame  to  L\\    .  ^"^i-  '°     j  ^^"  *'^  fti^cient  to  pay  the  dutv  on 

!ty  aforkaidfhall  %  paid,  and  thUwes  S  br  n^ni^^rr^      '°  the  higheft  bidder  ;  and^fter  theVu 

AXIL  And  be  tt  further  enacted   Th:.^  „«^«  •  r  "^  "'^  liquors  were  taken.  ^ 

-lay  be  lawful  forlny  of  tS  rSivS  ofX  faTd  dT'°"  "l-'^  °"  ?^>  ^  ^^°1^"'  ^"'pic'on,  it  ftall  and  ^»>«='  P--  *- 

;.»he  faid  duty  hath  not  been  paid,  or  fecur^A  t^^L  ^-j^  •  *°  *"^  *^"^y  aforefa  d,  and  for  whirh 

'^ny  difpute  ihall  arife  on  an/fe^re    bebl  Z.l  I     •  /"  '"f  ".'^  '^^''^^^''^  =  ^"^  in  all  cafes,   wW 
Morefaid,  the  Onus  ProbandVSHe  on  th"  owLr  o'  daimer  of  f"  .'?^  ^^  -n-payment  ofle^t  O^csue.. 
iPpnftable,  or  their  affiftants,  fhall  be  molefled  o?A,p/J.r         .1°    ^f ''  ^'^"°"-     ^nd  if  any  receiver  or  "Y-P'^*^  8^ 
|.ven  Uiem,  fuch  receiver,  conftabJe    or  "ffift^^^^  ^ I^'^^  ^"""^  '"  ^^^^"ting  the  poVers Terebv  "    '""' 

.  e.ce  5  and  if  in  any  fuchVuit  the  piiS^  bfno^^  3  t^A  '^'  ?'"^'^^  ^^"^'  ^"^  g'^«  ^his  aa  fn  eVi- 
,r^J^doublecofts:  e  Piaintiit  be  non-fuit,  orpdgment pafs  againft  him,  the  defendant  fhalT 

|g  any  {iqSaSLS^ttTS^^  J^IT^^  ^^  P.r(on  is  defirous  of  tranfport-  «3nne,oro.. 
)ath  been  paid,  or  fecured  to  be  paid/hVS  annlvTr  '^-'^  '?  T'^''*  ^"^  for  which  the  duty  '^'"'"Z  r'^' 
^^.   which  certificate  fuch  recLe   is  hetV^^^^^^^^^  duty  on  liquors  for  a  cel^S  t^^^i^o;  r"^ 

-^h  the  number  of  caflcs,  the  marks  and  the  cLLS5„f3^l'\^'^         req.uired,  to  give,  fetting  W  W  dis- 

r  fecured  to  be  paid  ;  on  producing  of  wbirVtn  Z  '  r  ","^  *^^*  *^  duties  thereof  have  been  oaid  »»^^ '^another. 

.""e  fhall  be  tranVted,Lrki:^^^^^^  duty  offuchdiftria  to  which 'the 

.^.chfUch  certificate  was  obtained/ no  fiXr  duSTlf CT    '"J^'"'^  ^''  '^""^  ^de  the  fkme  fWr' 

^  Sv  ^7«P-d  the  duty,  and  fuch  liquor,  or  thTvaSf  ^  ^^of  t"  ^^  '^"^°'  "'^"'""'  ^"^  ^'^'''^' 
,  AAIV,  And  be  It  further  enacted   Thct„^^Jl^/^  'cvaiue  mereot,  Ihall  be  forfeited. 

f  er  the  pairing  of4is  aft.  S  ouV  any  v^Slm'portin"/  °'  ^^  V'^  ^"   *^'^  P^^^'""  «^^">  ^om  and  ^-alt,  «, 
l^U  produce  a  certificate,  CenedbvfnZnnl  1^1      ^.^"^  ""^^^^  aforefaid  liquors,  before  the  maftpr  *^'"'^«°' f** 
Mentioned  aa,  that  he  hatfi  £^f  ^l        °"^  °[ '^^  receivers  appointed  by  virtue  of  this  or  t^  if       clearing  vessel 
knds    r^rr..u  '"^  "^  ^tii  paid^  or  fecured  to  be  paid,  the  dutvafnr^f^J  vircue  ot  ttiis  or  the  before  without  cenifi 
jjunas,  proclamation  monev.  ^     *     ^  ^'"^y  ^^o'^^iaid,  under   the  renaltv  nf  fiff„  cate. 


r-.ls.^proclinationmTneyr'^  or  lecured  to  be  pa,d,  the  duty  aforefaid,  under  ihe  fenal^ofTft;  ^i^ 


110   1754. 


Colleilors  ol 
the  duty  ap- 
pointed in  the 
several  ports. 


Colle&orsto 
give  i>oad. 


To  accoimt 
with  the  public 
Treasurers. 


Duty  appropri 
ated. 


Fines  and  for 
feitmes  appii< 
ed. 


CHAP.  4. 
See  page  70. 

CHAP.  5. 

CHAP.  7. 


Sl^v  ^^  he  w^    r^  t/SiSS^I  u;;^  ti^r^aHle-lmported  b/  wate^    at  every  otl^r^  ,. 

a;'d  wTrh  he  adv^^^^^^^^^^^  confeat  if  his  majeay's  eounciJ.  (hall  be,  and  is  hereby  empowered,  to  nommate 
^":; '^'''^.^,^, ^7^,  .r,,„,^_„  receivers  of  the  duty  on  this  province  by  land,  as  (hall 

i:i7£^:^''t^^^^^^  ^PP-ted,  orUeappointedby  virtue  of  this  aa     i 

be  neceuary  .   a.iq  u      y  commander  in  chief  for    the  time  being,  by 

a^.d  :rd\Te75tc;   nf  coa^^^^^  coun'^U,   (hall  appoint  others    in  their  (lead  and  place;  ^ 

XXVI    ri  I'' ^^^^^^^  That  every  receiver  of  the  duty  on  litiuors  (hall  before  he  enters   on  ,, 

cf  law,  (hall  be  allowed  or  admitted  of. 

....      ,    «  .  •  .:  t  J  €t  \»  r,fV  far  imooweilne  the  feveral  commKfioners  herein  after  namcJ^i 

An  additional  aSI  U  an  act  mtttHled  «  An  aft  for  *"^°y^^"\g '"; '^^^    .      ^w^dy  laid  out,  or  hereafter  t^ 

moft  ufeful  to  the  public 

'     *  *  the  Geniral  Ajfmbly.    (a J 

*  ■.f;,uU  «  An  aft  to  apDoint  an  :>gent  to  folicit  the  affairs  of  this  province,  at  the- 

^n  act  to  continue  an  act  intituled"  An  att  to  appoim  ^u  ^^       .„coara?e  James  Davis  to  fet  up,  and  car* 

feveral  boards  in  England  ;"  alfo  an  aft  intituled  -  An  ad  to  l^^^f\^^^^^^2^^,^ .»  Sio  an  aft. 

ry  on  his  bufinefs  of  a  printer  in  this  province,  and  f°^  °;^3'P;„7fo^^^^^^^^^  the  exports  at  Ciipe,' 

fe-^^d^lf^^^^^^^^^^^^  ^  ^  ^^^^v^'^ 

vince."     (b) 

(a)  Thisaa  in  Mr.  D.vis's  «litio,.  '.s  sail  .o  have  been  repealed,  but  U  iscextainlx  not  now  in  force,  tbe  constitution  of  I^ 

"'r^7A?/a7.rraCrt^i.inaU  I  have  -ived  fro.  th    S       -^ "^^^^  ^  '^'  ^^'  "^  f 

Wr.  Davis's  edition,  aiK4  itom  tke  naiuie  ot  swft  iubse<i«eat  aAs  I  am  coAvwceU me  »«  nw  c;^^ »«.. 


} 


tlrtiP    8      AnaB  fyreuaing  the  tipper  part  of  Bladen  county  into  a  county  and  panjh,  by  IhenAtne  of  175*.     ITf 
*     '  -^  Cumberland  county,  and  St.  David's  partfh  fa  J  ^fT^ 


THE   TITLES    O?   THE   PRIVATE    ACTS.] 


An  aa  for  the  fiirther  and  better  *egvilation  of  the  town  tal- 

kd  Wilmington,  and  for  jrepealing  the  several  ^s  there- 
in mentioned.  j     r     .♦. 
An  aa  for  appointing  commissioners  of  the  rpwls  tor  tae 

I  gouih  west  parish  of  New- Hanover  county. 

S  Ar  aft  to  empower  the  justices  of  Craven  county  to  sell  the 
lotoflandinNewbem,  whereon  the  court-honse,  prison 
and  stocks  now  are. 

b  An  aft  to  appoint  and  lay  out  a  town  on  the  plantation  oi  Mr. 
Henry  Skibbow,  on  the  East  side  of  the  Northeast  branch 
of  Cape-Fear  river,  at  a  place  called  the  Sand-Hill,  and 
to  appoint  an  inspeftor  in  the  said  town,  and  othpr  pur- 
poses therein  mentioned. 

1^^|»« loader  the  times  for  hoWing  the  courts  of  0»«»5«. 


Howan  and  Bladen,  counties. 

11  An  aa  to  amend  an  aft,  entitled.  An  aft  to  appoint  a  convc- 

nient  place  for  hoWing  the  county  court  of  Duplin,  and 
to  empower  the  commi^ioners  therein  named  to  build  a 
court-house,  prison  and  stocks  in  the  said  county,  and 
for  enlarging  the  bounds  thereof. 

12  An  aa  to  appoint  a  convenient  place  for  holding  the  county 

court  of  Orange,  and  to  empower  the  commissioners 
hereafter  named  to  build  a  court-house,  prison  and  stocka 
in  the  said  county. 

13  An  aa  for  appointing  and  laying  out  a  town  on  the  land  of 

John  Jenkins,  on  the  south  side  of  Pee- Dee  river,  in 
Anson  comity,  and  for  other  purposes  therein  mention* 
ed. 


Signed  by  MATTHEW  ROW  AN,  Efq.  PrefiienU 
James  Murray,  Preftdtnt  of  the  Coutidh 
Samuel  Swann,  Speak^rt 


(a J  This  ftA  I  faave  not  been  nbteto  ol^tun,  nw  »  copy  of  it. 


'^: 


il2  2,lY54. 


Arthuh 
DoBBs,  Esq. 
Governor. 


CHAP.    1. 

Repealed  by 
proclamation, 

CHAP.  2. 
Repealed  by 
proclamation. 
CHAP.  3. 
Repealed  by 
proc'amatlon. 

CHAP.   4<. 

Repealed  by 
proclamation. 

CHAP.   5. 
CHAP.   6, 


CH^.   7. 
CHAP.   8. 
CHAP.  9. 
CHAP.    10. 
CHAP.   11. 
CHAP.    12. 


At  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  on  the  Twelfth  Day 
of  December,  in  the  Year  of  our  Lord  One  Thousand  Seven  Hundred 
and  Fifty-four;  being  the  First   Session  of  this  Assembly, 

11 

An  aElJor  eftabljhing  thefupreme  courts  ofjujltce.  Oyer  and  T(rminer^  ^n4  general  gaol  delivery  of 

North-Carq(ina^ 

An  aS  for  ejiablijliing  county  courts,  for  enlarging  their  jurif diction^  and  fettling  the  proceedings 

thcreiti. 

An  act  to  provide  indifferent  jurymen  in  aU  caujes,  criminal  and  civil,  and  for  an  aUovanceJor  tkt 
attendance  of  jurors  attending  at  thefupreme  courtSy 

An  aSifor  appointing  parijhet  and  vejlries^for  the  encmragement  of  an  orthodox  clergy,  for  the  advancement  ofthi 
protefiant  religiont, and  for  the  dirfSlion  of  the  fettlement  efparijb  accounts. 

An  aafor  granting  an  aid  to  bis  Majefly,for  the  defence  of  the  frontier  of  this  province  ^  an4  other  purpofes.(a) 

An  aa  for  fecuring  the  payment  of  quit-rents  due  to  his  Majejy,  and  Earl  Granville,  for  quieting  the  freeholders 
in  the  pojfejfton  of  their  lapd{  ^  and  for  other  purpojes.(b) 

An  aSl for  granting  to  his  Majefly^  a  duty  upon  the  tonnage  offhips  and  other  yeifels  com^g  into  this  province^  for 

thepurpofes  therein  mentioned,  (c)  exp. 

An  aBfor  raiftng  a  fundforpaymetitofthefalaf^es  of  the  Chief  JuRice  md  Atti^rney-Generah  andfor  other  pur^ 

An  aB  to  refrain  the  exportation  ofbai  (fnd  ffnnferchantable  tobacco^  and  for  preventing  ffaudsitf  his  Majejly's 

cufems.  EXP. 

An  aa  to  facilitate  the  raiftng  recruits  ioferve  his  Majefiy,  in  the  intended  expedition  againf  the  French  on  the  Ohio, 
arid  guarding  the  frontiers  of  this  province,     (e)  exp. 

An  aSfor  appointing  the  feveralf (fries  therein  mentioned,  and  for  obliging  thecommifftonersofthefeveraldifriBf 

f?  make  roadf  to  the  fame,  (f) 

An  aSfto  eUablifb  a  public  ferry fron\  Nevjbey^s  point  to  Phelpsh  point,  ivherfM  the  court-houfe  nowjlands  on  Per^ 

quiipons  river,     f^^' (gj 

•    ^"^n  "^^^l.^^  ^  ^*^*  "°*  ''^*"  able  to  fiiid,  r\ot  a  copy  of  it :  in  Mr.  EJavis's  edition  there  is  the  following  ijiarginal  note  apsn 
"  >V  of  this  act  has  bad  Ut  effect,  and  the  other  part  provided  for  by  the  ace  for  itppcfinting  public  trcanurem." 


owinjj  npte 
afprmied," 


(b)  This  afl  is  also  miismg,  and  I  have  not  been  able  to  find  any  copy  of  >t!     In  Davis's  edition  there    is  the  follt 
upon  It :  "  Ibis  act  nsiai  passed  under  the  suspending  clause  till  the  King's  pleasure  mas  inovin;  and  as  tbut  is  not  yet  signified.  His  n, 

(c)  Davis's  edition  ism/ authority,  as  I  cannot  find  the  aft  itself,  or  a  copy.  '    •  ■ 
{d)  Davis,  (e)  Davis.                                                                                         r/ 

(/)  This  aa  is  also  a  missing  one.    Mr.  Davis  only  retains  the  last  seeiion  (which  is  of  a  private  nature)  and  observes  that 
all  but  that  seaion  was  repealed  by  th-j  road  a-2.    (Aft  Jan.  1764,  ch,  3.)  «        .        •■!■■■ 

(^)  Davis, 


«HiP.  13»     4n  0^  fo  amend  an  nS  intUuUd**  An  aft  for  deftroying  vermin  In  this  province."  2,1754. 1  IS 

Rep.  2. 1757, 12.  ^.i^vO 

i^naSlto  repeal  an  aB  pajfed  by  the  General  jtjfemhly  held  at  Nenubern  theftxth  day  of  Aprily  in  the  year  of  our  chap.  14. 
Lord  one  thoufandfeven  hundred  and  fortyf eighty  intituled  "  An  aft  to  prevent  the  exportation  of  raw  hides, 
pieces  of  hides,  and  calf  ^ins,  out  of  this  government."  '*'  P'  ''^' 

WHEREAS  an  aft  paffed  by  the  General  Affembly  held  at  Newbern,  the  fixth  day  of  April,  in  the 
y«ar  of  our  Lord  one  thoufand  feven  hundred  and  forty-eight,  intituled  *'  An  aft  to  prevent  the 
exportation  of  raw  hides,  pieces  of  hides,  and  calf  fkins,  out  of  this  government,"  is  found,  by  experience, 
to  be  very  inconvenient  and  prejudicial,  in  many  r^fpefts,  to  the  inhabitants  of  this  province,  and  not  to 
anfwer  the  good  ends  intended  thereby :  therefore, 

,     n.  Beit  enaHed  by  the  Governor^  Council  and  AjfimUy^  and  by  the  authority  of  the  fame^  That  the  aforefaid  Adl  repealed. 
^ft,  and  every  matter  and  thing  therein  contained,  fhall  be,  and  is  repealed,  determined,  made  void,  and 
pf  Aons  e^eft  and  force,  as  if  dxe  fame  had  never  been  made, 

Att  aSi  t$  prevent  tnaliaous  maiming  and  wounding.     REPEALED^  Vol.  2,  10.  CHAP.  IS, 

THE   TITLES   OF   THE   PRIVATE    ACTS; 

1$  An  aA  to  confirm  an  agreement  madi  by  the  present  churchwaniens  and  vestry  sf  Christ-church  parish,  in  Craven  county, 
with  t,he  reverend  James  Heed. 

Sigtied  by  ARTHUR  DOBBS,  Efq.  Governer, 

Matthew  Rowan,  Preftdent. 

loHM  Camfbill,  Speaker, 


Vol.  I.  Cg 


114    1755. 


AtlTHlTR 

DoBBS,  Esq. 
Governor. 


iiij  III  1 1  ■«!■  ini»»ii  m^*»a>»»»ttii  'wiiiiw  Jjiiu'wmuiiajiii 


^1 


At  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  on  the  Twel£tj 
Day  of  December,  in  the  year  of  Our  Lord  one  Thousand  Seven  Hui 
red  and  Fifty-four,  and  from  thence  continued,  by  several  Prorogiations, 
the  Twenty-fifth  day  of  September,  in  the  Year  of  Our  Lord,  One  Thou^ 
sand  Seven  Hundred  and  Fifty -five  :  Being  the  Second  Session  of  this  As* 
sembly. 


5HAP.   I.        Ati  a£i  for  granting  a  further  aid  to  h'u  Maje.Qjy  to  repel  th'e  French,  and  Indians  in  their  alliance,  from  the 

encroachment  on  his  Majflys  territories  in  America  and  other  purpofes.  ■  __ 

WHERE  A.S  the  fubj^6ts  of  thfe  French  king,  in  purfaaiice  of  their  wicked  and  deflructiye  defigns,- 
to  render  themfelves  mafters  of  the  American  continent,  have  ere(n:ed  forts  on  his  Majefty's  lands,' 
and  in  conjunction  with  the  Indians  in  their  intereft,  conimitted  divers  murtherr  on  his  fubje£l:Sj  ancf 
ftili  continue  to  perpetrate  fuch  horrid  cruelties  and  unparallelled  barbarities,  the  profecution  of  which,- 
if  not  (peedily  prevented,  may  not  improbably  terminate  in  the  completion  of  their  iniquitous  fchemes  and- 
the  dellrudlion  of  the  Britifli  colonies  ;  this  AfTembly,  moved  with  the  confideration  of  the  fufferings  of 
their  fellow  fubjefls,  and  earneftly  defirous  to  fliew  their  duty  and  loyalty  to  their  fovereign,  and  an  in- 
variable attachment  to  his  intereft,  have  granted  to  his  Majefty  a  further  aid  of  ten  thoufand  pounds,  t& 
enable  his  Excellency  the  Governor  to  prote£l  the  frontier  of  this  province,  ami  to  affill  the  other  colonies 
in  defence  of  his  Majefty's  territories,  and  to  repel  the  French  from  their  encroachments  :  And  whereas 
there  is  not  in  the  treafury  any  money  unappropriated,  out  of  which  the  aforefaid  fum  can  be  paid  .•  Be 
it  enaBed  by  the  Governor,  Council,  and  Ajfenibly,  and  by  the  authority  of  the  fame,  That  the  fum  of  feven'  ■ 
thoufand  two  hundred  pounds,  appropriated    for  byilding  and  finifhing-  churches  and  purchafing  glebes,; 

Ante,  p.  106,  under  a  fufpending  claufe  in  an  aft,  entitled,  "  An  a£l  for  granting  to  his  Mtijefty  forty  thoufand  pounds 
in  public  bills  of  credit,  at  the  rate  of  proclamation  money,  to  be  applied  towards  defraying  the  expence 
of  raifmg  and  fubfifting  the  forces  for  his  Majefty's  fervice  in  this  province,  to  be  fent  to  the  aftiftance  of 
his  Majefty's  colony  of  Virginia,  and  for  other  purpofes  therein  mentioned  :"  and  alfo  the  fum  of  two  thou- 
fand pounds  appropriated  for  and  towards  finiftiing  the  public  buildings,  under  the  fame  fufpending  claufe 
in  the  before  recited  a£l,  amounting  in  the  whole  to  the  fum  of  nine  thoufand  two  hundred  pounds,  be'  ., 
received  by  the  public  treafurers,  from  the  commiffioners  appointed  for  ftamping,  figning,  and  emitting, 
the  fum  of  forty  thoufand  pounds,  which  they  are  hereby  required  and  empowered  to  pay  to  the  faid 
treafurers  on  demaijd,  to  wit,  four  thoufand  and  fix  hundred  pounds  to  the  treafurer  of  eacli  diftridl  with- 
in this  province,  and  by  them  paid  to  fuch  perfon  or  perfons  as  the  Governor  or  commander  in  chief,  for 
the  time  being,  (hall  appoint  to  receive  the  fame,  for  which  the  faid  treafurers  Ihall  receive  no  more  thart 
one  per  cent,  and  the  perfon  appointed  by  the  Governor  or  commander  in  chief  to  receive  the  fame,  (hail 
account  therefore  to  the  AlTembly  vvhen  required. 

Tax  laid  and         II.  And  that  the  faid  fum  of  nine  thoufand  two  hundred  pounds  may  be  replaced  in  the  hands  of  the  trea* 

appropriated,     furers,  and  alfo  to  raife  the  fum  of  eight  hundred  pounds,  to  be  applied  with  the  faid  nine  thoufand  two 
hundred  pounds,  as  in  this  acl  is  direfted  :  Be  it  further  enaSiedby  the  authority  aforefaid,    That  a  poll  tax  '. 
'        of  two  (hillings  per  taxable,  be  levied  on  each  taxable  perfon  within  this  province,   for  and  during  the. 
fpace  of  live  years  from  the  paffing  of  this  aft,  and  no  longer  ;  which  tax  fhall  be  collefted,  paid  and  ac- 
counted for  at  the  fame  time,  and  in  the  fame  manner,    and  under  the  like  penalties,  as  the  tax  impofed 

Ante,  p.  112.     by  an  aft  of  Aflenibly,  entitled,   "  An  aft  for  granting  an  aid  to  his  Majefty,  for  the  defence  of  the  fron- 
tier of  this  province,  and  other  purpofes  •,"   and  as  the  fame  (hall  be  paid,   (liall  be  applied  to  the  payment 
of  the  faid  eight  hundred  pounds,  to  fuch  perfon  as  the  Governor,  or  commander  in  chief,   for  the  time' 
,  being  (hnll  direft,  and  to  replacing  the  faid  fum  of  riine  thoufand  two  hundred  pounds. 

III.  And  be  it  further  enaEted  by  the  authority  aforefaid.  That  the  faid  ten  thoufand  pounds  hereby  granted  to 
his  Majefty,  or  i'o  much  thereof  as  (hall  be  necc(rary  for  the  purpofes  of  this  aft,  fliall  be  applied  in  man- 


ter  following  4  t^af  is  to/ayi  one  thoiifatid  pounds  to  defray  the  expence  of  eteaing  one  or  more  forts,  1755.  115 
at  fuch  place  or  places  in  tlie  frontier  of  this  province  as  the  Governor,  or  commander  in  chief  for  the  v-^v^O 
time  being,  (hall  appoint,  and  for  the  better  accommodation  of  the  company  formed  for  the  defence  of 
the  fame  ;  and  the  fum  of  nine  thoufand  pounds,  for  the  expence  of  raifing,  paying,  cloathing,  and  ac- 
commodating three  companies,  confifting  of  fifty  men  each,  exclufive  ~of  commiffioned  officers;  which 
11  tc*mpafiics  {hall  march  or  be  tranfported  to  fuch  of  the  northern  colonies  as  his  Excellency  the  Governor-, 
Ij  or  commander  in  chief,  for  th?  time  being,  fhall  think  moft  conducive  to  his  raajefty's  interefl,  and  be 
employed  with  the  troops  in  his  fervice. 

,  IV,  And  be  it  further  enabled  by  the  authority  aforefaidy  Thaf  the  officers  and  foldiers  of  the  aforefaid  three  Officers  and 
companies,  to  be  raifed  in  virtue  of  this  a£t,   {hall,  from  the  time  of  their  being  commiffioned  and  enli{l-  soldiers  pay. 
ed,   have  and  receive  the  fame  pay,  and  be  under  the  fame  difeipline  and  regulation  with  the  other  o{Iicers 
and  foldiers  appointad  and  raifed  for  the  fame  fervice. 

V.  And  he  it  further  enaBed  by  the  authority  aforefaid^  That  all  fuch  monies  as  {hall  be  raifed   by  virtue  Surplus  money 
of  the  tax  herein  btfore  directed,  more  than  fhall  amount  to  the  faid  fum  of  ten  thoufand  pounds,  and  fo  *PP''^P"^'^'e^'^- 
much  of  the  faid  ten  thoufand  pounds  as  {hall  remain  after  the  difburfements  for  the  feveral  fervices  here- 
in before  mentioned,  according  to  the  true  intent  and  meaning  of  this  a£l,  fliall,  by  the  Governor,, Coun- 
cil, and  AfTembly,  be  applied  towards  paying  the  contingent  charges  of  government. 

VI.  And  that  the  troops  in  virtue  of  this  aft  intended  to  be  raifed  may  be  well  paid  and  cloathed  -,  Be  Direfllons  for 
it  enaEied  by  the  authority  afortfaid,  That  the  Governor,  or  commander  in  chief,  for  the  time  being,  {hall  ■'^'n'tting  & 
and  may  direfl:  the  manner  of  remitting  the  necelTary  part  of  the   fum  granted  for  that   purpofe,  by  ap-  [|f^he^  "0°"*^^ 
pomting  fuch  perfons  as  he  {hall  think  proper,  to  purchafe  commodi;^s  in  this  province,  and  to  fhip         ^  "o^ps- 
them  to  any  other  of  the  Britifh  colonies,   iii  which  it  may  be  thougbf  they  may  to  the  greateft  advantage 

t)e  difpofed  of,  and  to  dire£t  the  perfon  or  perfons  to  whom  the  hr^Q  fhall  be  configned  to  pay  over  the 
money  arifing  from  the  fale  of  fuch  commodities  to  the  p,*yma{ler  of  the  faid  troops,  to  be  appointed  by 
the  faid  Governor  or  commander  in  chief  of  this  province. 

Thefeventh  and  eighth  feElionSy  providing  for  a  draughty  if  neceffaryy  and  trtaking  regulations  accar dinghy  not 
thought  material  to  he  infertedi 

IX.  Arid  be  it  further  enaBed  by  the  authority  aforefaidy  That  the  companies  to  be  raifed  in  virtue  of  this 

{  aft,  may  be  continued  and  kept  in  pay  until  the  tenth  day  of  November,  which  will  be  in  the  year  of 

Our  Lord  one  thoufand  feven  hundred  and  lifty  fix,  if  neceiTary  for  his  Majefty's  fervice,  and  no  longer. 

An  tiSifor  appointing  Jheriffs,  and  direSiing  their  duty  in  office  ;    and  for  compelling  colleBors  of  public  taxes,  CHAP.  2. 
and  perfons  intruded  with  laying  out  public  money,  to  apply  and  account  for  the  fame.  Rep.  \7&7,  6. 

An  aSforinfpeBion  ofporh,  beef,  rice,  indigo,  tarf  pitch,  turpentine, /laves,  heading,  /bingles  and  lumber,  exp.  chap.  3. 

An  aB  for  regulating  orphans,  their  guardians,  and  ejiates.  chap.  4. 

Repealed  by  proclamation. 
An  aB  to  qiiiet  freeholders  in  thepojfefjion  of  their  lands,  and  for  other  purpofes,  chap.  5, 

Repealed  by  proclamacion. 
An  aB  for  the  reflraint  of  vagrants,  arid  for  making  provifton for  thi  poor,  and  other  purpofes.     exp.         cha,p.  6. 

Arid  aB  to  direB  the  method  of  appraiftng  lands  whereon  forts  or  batteries  now  are,   or  hereafter  /Ijall  be  ereB-  CHAP.  7. 

ed,  for  the  defence  of  this  province. 

An  aB  to  prevent  the  exportation  of  proviftons  and  live  (lock  from  this  province  to  the  French  or  Neutral  CHkv.  8. 

ports.     EXP.(o) 

An  aB  to  prevent  malignant  and  znfeBious  diflemfers  biing  fpread  by /hipping  importing  difiempered  persons  into  chap.  9, 

this  province,  and  other  purpofes.  ^^p  2, 176O,  2. 

An  aB  to  amend  an  dB  for  facilitating  the  navigation  of  pwt  Bath,  port  Roanoake,  and  port  Beaufort.     EXP.    CHAP.  10. 
{aj  Davis.  "^ 


116  1755.      CHAP.  14-,    An  aB  for  laying  out  a  road  from  Orange  County  eeurt'hcufe  to  a  landing  on  the  ngrth-^tve^  of 
'  '  Cape-Fear  River-la) 

THE  TITLES   OF  THE  PRIVATE   ACTS, 

11  An  aft  for  tecertaining;  a  proper  place  for  building  thereat  a  and  prison  in  the  county  of  Onslow,  and  other  purposea 
court-house,  prison,  pillory  and  stocki,  for  the  county  of  therein  mentioned.  ■< 
Beaufort.  13  An  aft  for  ereding  that  part  ot  Rowan  county  called  W»cho»  "^ 

12  An  aft  to  appoint  the  place  for  erefting  the  coMrt-house  via,  into  a  distina  parish. 

Signed  by  ARTHUR  DOBBS,  Efq.  Governor, 
Matthew  Rowan^  Prefident, 
John  GAMPBELt^  Speaker, 
[CaJ  This  aft  I  have  not  been  abie  to  find.  Davu  has  this  margiHal  note  upon  it  \  "  provided  for  by  the  toad  aa,'i 


1*756.   117 


[(At  a  General  ASSEMBLY,  begun  and  lield  at  Newbern,  on  the  Twelfth  Ahth«k 
■     Day  of  December,  in  the  Year  of  Our  Lord  One  Thousand  Seven  Hun-  GovMncr. 
dred  and  Fifty-four,    and  from  thence  continued,  by  several  Prorogations, 
to  the  Thirtieth  Day  of  September,  in  the  Year  of  OurLord,  One  Thou- 
sand Seven  Hundred  and  Fifty-six:  Being  the  Third  Session  of  this  As- 
sembly. 


I  An  aB  for  granting  to  his  Majefty  an  aid  of  three  thoufand four  hundred  pounds^  to  defray  the  expence  of  ereBing  CHAP.  1. 
afort/ralftng  and  paying  tyoQ  fot^paniesyfor  the  defence  of  the  Weffern  frontier  of  this  province .  (a  J 

An  aB for  thje  better  regulaiipn  of  the  militia  i  and  other  purpofes.     exp.  chap.  2. 

\^aB  to  atnendanjiSfir  efiMipnngthe  fupreme  courts  ofjujlicej  oyer  and  terminer j  and  general  gaol  delivery  of  chap.  3; 
"  "       North-Carolina.  Not  now  in 

force. 

An  aBfor  afcertaining  the  method  of  proving  hooi-dehts.  CHAP.  4. 

^"TTHEREAS  doubts  h?,ve  arifen  upon  conTtru£lion  of  the  law  now  in  force,  prefcribing  tha  manner 
^y     of  proving  book-debts  :  For  prevention  whereof  for  the  future, 

II.  Be  it  enaSted  by  the  Governory  Council  and  Affemhly^  and  by  the  authority  of  thefamcy  That  in  any  atiion  ^'J^^'^!'**  '^^^f^ 
fil  debt,  or  upon  the  cafe,  \vhich  hath  been,  or  fli all  be  brought,  where  the  plaintiff  hath  declared,  or  fhall  evidence  r& 
declare,  upon  an  Emiffit,  Indebitatus  Afliimpfit,  Quantum  Valebantj  or  Quantum  -Meruit,  for  goods,  wares  manner  of  pro- 
and  merchandizes  by  him  fold  and  delivered,  or  for  work  done  and  performed,  fhall  file  his  account  with  ceedingtobe 
4iis  declaration  ;  and  upon  the  trial  of  the  ifTue,  or  executing  a  writ  of  enquiry  of  damages  in  fuch  aftion,  ^"  '  .^-  ^^  *'• 
fhail  declare  upon  his  corporal  oath,  cr  folemn  afErmatiop,  (as  the  cafe  may  be)  that  the  matter  in  difpute  is 

a  book-account,  and  that  he  hath  no  means  to  prove  the  delivery  of  fuch  articleo  as  h.e  fhall  then  propofe 

to  prove  by  his  own  oath,  or  any  of  them,  but  by  his  book  ;  and  in  that  cafe,  fuch  book  fhall  and  may  be 

given  in  evidence,  if  he  fhall  make  out  by  his  own  oath  or  aflfirmation,  that  fuch  book  doth  contain  a  true  ?,  1777,2,  ^. 

account  of  all  the  dealings,  or  the  laft  fettlement  of  accounts  between  tliem,  and  that  all  the  articles  therein  ^*  ^  ^s. 

contained,  and  by  him  fo  proved,  were  bona  fide  delivered  ;  and  that  he  hath  given  the  defendant  all  jult  y-^i^  97 

credits  ;  and  fuch  book  and  oath  or  afrirmation,  fhall  be  admitted  and  received  as  good  evidence  in  any 

court  of  la^y,  for  the  feveral  articles  fo  proved  to  be  delivered  within  two  year.s  before  tiie  faid  a£tion  brought 

.but  not  for  any  article  of  a  longer  {landing  :  And  whpre  the  perfon  who  delivered  fuch  goods,  wares  or 

merchandizes,  or  performed  fuch  work  and  labour,  fliall  die,  his  executors  or  adminillrators  may  give  his 

book  In  evidence,  upon  his  or  their  making  oath  or  affirmation,  that  they  verily  believe  the  account  as  there 

charged  is  juft  and  true^  and  that  there  are  no  witnefTes  to  Iks  or  their  knowledge,  capable  of  proving  the 

delivery  of  the-(^3veral  artlclps  as  he  fhall  propofe  to  prove  by  the  faid  book,  and  oath  or  affirmation,  and 

that  hg  found  the  book  fo  ftated,  and  doth  not  know  of  any  other  or  further  credit  to  be  given  thanr  what 

is  there  menticned  }  and  fuch  book,  and  oath  or  affirmation,  fliall  be  admitted  and  received  as  evidence  for 

any  articles  delivered  within  tiie  time  aforefaid. 

III.  But'wliereas  it  may  be  inconvenient  and  hazardous,  by  reafon  of  bad  weather  and  accidents,  to  car-  C^py  of  an  ac« 
ry  books  of  accounts  great  diftances  to  court,  when  a  copy  of  the  account,  proved  in  the  fame  manner  as  count,  evi- 

by  this  law  the  book  is  to  be  proved,  may  fatisfy  the  defendant  as  fully ;  Be  it  therefore  enaBedby  the  authority  •   " .  ' 
aforfaidy  lliat  a  copy  from  the  book  of  accounts,  pro^'ed  in  manner  herein  before  diretfted,  fball  and  may 
be  given  in  evidence  in  any  fuch  aftion  as  aforefaid  i  and  Ihali  be  as  available  as  if  fuch  book  had  been  pro- 

(a)  Tliis  is  a  missin?  adl.    Davis  observes  in  the  roarerin :  "  TbU  act  bad  its  effeet." 
Vol.  I.  ^  H  h 


118    1756. 


Defendant  rr  ay 
contest  the  evi- 
cJencv ;  and  de 
ceased  persons' 
books  to  go  a- 
gainst  each  o- 
th?r. 

L'mitation  of 
time. 

Articles  of  a- 
bove  30/.  not  to 
be  yt^vid. 


■Repealing 

clause. 

Ante,  p.  43. 
CHAP.  5. 


CHAP.    G. 
4, 1760,  6. 

3764, 6,  amend- 
ing this  afl ; 
and  many  sub- 
sequent ones 
enlarging  the 
time  of  regis- 
tering. " 

Further  time 
for  proving 
deeds  and  con- 
y^^ances. 


Those  proved 
agreeable  to 
itiis  aft,  and 
such  as  have 
been  heretofore 
recorded,  8ic, 
declared  good, 
pnd  copies  of 


duced  J  unlefs  the  defMidant,  or  his  attorney,  niall  give  notice  to  the  plairtuT,  or  his  aftorniey,  at  the  ioinu 
ing  of  the  iflue,  that  he  will  require  the  book  to  be  produced  at  trial  )  and  in  that  cafe,  no  fucb  copy  fhaH 
be  admitted  or  received  as  evidence.  , 

IV.  Provided  neverthek/st  Thar  the  defendant  fliall  be  at  liberty  to  conteft  the  plaintiff's  evidence,  an4 
oppofe  the  fame  by  other  legal  evidence  •,  and  where  the  defendant  Ihall  be  an  executor  or  adminiftratory 
his  teilator  or  Inteftate's  book  (hall  and  may  be  given  in  evidence  againft  the  plaintift's  book,  where  the 
plamtiff  is  an  executor  or  adminiflrator,  for  fuch  artictes  aB  (hali  be  proved  m  manner  afotefaid. 

,  V    Providid  alfo,  That  no  book  of  account,  although  the  fame  may  be  proved  by  witnefs  or  witnefles, 
fhall  be  admitted  or  received  as  evidence  in  any  a£lion  for  goods,  wares  or  merchandizes  delivered,  cr  fcf  " 
work  donej  above  five  years  before  the  faid  a£tion  brought  ;  except  in  cafe  of  perfons  being  out  of  the  go- 
vernment, or  where  the  account  {hall  be  fettled  and  figned  by  xht  parties. 

VI    Provided  neverthele/s,  That  no  plaintiff  (hall  be  at  liberty  to  prove  by  his  book,  and  oath  or  affirma* 
tion  as  afoiefaid,  on  the  trial  of  any  fuch  adlion  as  aforementioned,  any  article  or  articles,  the  amount  , 
whereof  fball  exceed  the  fum  of  thirty  pounds,  proelamation  money. 

VII.  And  for  preventing  a  multiplicity  of  law-fuitSi  Be  it  further  enaSied  by  the  authority  afore/aid,  Thaf 
in  all  cafes  where  there  are,  or  fnail  be  n>utual  debts  fubfifting  between  the  plaintiff  and'defendam,  or  if 
either  party  fue,  or  be  fued,  as  executor  or  adminiflrator,  where  there  are  mutual  debts  fubfiding  between'' 
the  teftator  or  inteftate,  and  either  party,  «ne  debt  may  be  fet  againft  the  other,  either  by  being  pleaded 
in  bar.  or  given  in  evidence,  on  the  general  ilTue,  on  notice  given  of  the  particular  fum  intended  to  be  fet 
off,  and  on  what  account  the  fame  is  due ;  nOtwithflanding  fuch  debts  fhall  or  may  be  deemed  in  law  to 
be  of  a  different  nature  j  but  if  either  debt  arofe  by  reafon  of  a  penalty,  the  fum  intended  to  be  fet  off  fhall 
be  pleaded  in  bar,  fetting  forth  what  is  Juftly  due  on  either  fide  j  any  ia<^,  ufage  or  cuftom  to  the  contrary 
in  arvy-wife  notwithflanding. 

VIII.  And  be  it  further  etia^ed  by  the  authority  afore/aidy  That  one  a£l:  of  Affembly  made  in  the  thirteenth^ 
year  of  his  prefent  Majefty's  reign,  intitukd  «*  An  a^  prefcrlbingthe  method  of  proving  book-de^^s,"  fnall 
be,  and  is  hereby  repealed. 

An  a^  for  the  punifbment  ef  mutwy  and  defertiotiy  and  preventing  the  harbouring  and  entertaining  of  deferted 

foldiers.     EXP. 

jin  aEifor^he  reliej  of  fuch  perfons  as  have  fufferedt  or  may  fufftVy  by  not  having  had  their  deeds  and  mefne 
conveyances  proved  and  regfiered  nvithin  the  time  herettfore  appmUed  for  fuch  purpofes,  and  to  prevent  difputes 
and  laiv-fuits  concerning  lands. 

WHEREAS  from  the  difficulty  of  convening  witneffes  to  deeds  and  mefne  conveyances  before  the* 
Chief  Juflice,  or  before  the  court  of  any  county  wherein  the  lands  by  the  fame  granted  lie,  many 
of  them  have  not  been  proved  nor  regiftered  within  the  time  heretofore  appointed  by  law  for  that  purpofe, 
which  may  occafion  litigious  law.fuits,  and  the  eflates  of  fair  and  honeft  purchafers  thereby  be  drawn  in 
queflion :  For  remedy  whereof, 

II.  Be  it  ena£ied  by  the  Governory  Council,  and  AJfemblyy  ondSy  the  authority  of  the  fame.  That  all  deeds 
and  mefne  conveyances  of  landsy  tenements,  and  hereditaments,  not  already  regiflered,  acknowledged,  or 
proved,  fliall  and  may,  within  eighteen  months  after  the  paffmg  of  this  aft,  be  acknowledged  by  the 
grantors,  their  agents,  or  attornies,  or  proved  by  one  or  more  of  the  fubfcribing  witaeffes  to  the  fame, 
and  tendered  and  delivered  to  the  regifters  of  the  counties  wherein  fuch  lands,  tenements,  and  heredita- 
ments, refpeetively  lie  ;  and  all  deeds  and  mefne  conveyances  of  lands,  tenements,  and  hereditaments, 
hereafter  lo  be  made,  fhall  and  may,  at  any  time  within  two  years  from  the  refpeftive  dates  thereof,  be 
acknowledged,  or  proved  in  manner  aforefaid,  and  delivered  to  the  regiflers  of  the  counties  wherein  tliey 
are  refpeftively  fituated. 

III.  And  be  it  further  ena&ed  by  the  authority  aforefaid,  That  all  rfecds  and  mefne  conVeyalnces  whatfo- 
ever,  which  fhall  be  acknowledged  or  proved,  according  to  the  direftions-  of  this  aft,  and  alfo  ail  fuch 
as  have  been  heretofore  recorded  by  the  clerk,  or  regiftered  by  the  regifter  of  any  precinft  or  county 
wherein  the  lands  or  tenements  mentioned  in  the  fame  lie,  though  not  within  one  year  after  the  date  of 
the  refpeftive  conveyances,  (hall  be  good  and  valid  in  law,  and  fhall  enure  and  take  effeft,  as  fully  and 
efieftually,  to  the  ufe  and  behoof  of  Uie  granteeS|  ^eir  heirs  and  aiTigns,  and  tliofe  claiming  under  them 


Is  if  fuch  deeds  and  conveyances  were  acknowledged,   or  proved  and  regiftered    agreeable  to  the  direc-    1756.   1 19 
tion  of  any  act  of  Affembly  heretofore  made  ;  and  the  regiftry,  or  copy  of  the  record  of  any  deed  or  '-^fv-mJ 
conveyance  regiitered  dr  recorded  as   mentioned  in  this  a£t,  and  attefted  by  the  regifter  or  clerk,  ihall  the  registry 
And  may,  where  the  original  deed  or  conveyance  is  loft,  be  given  in  evidence  in  any  court  of  record,  and  y"'^)'  J>*  S'ven 
fhall  be  held,  and  is  hereby  declared  to  be  full  and  fufficient  evidence  in  any  court  of  record,  and  fhall  "*  *^'"*""' 
te  held  and  is  hereby  declared  to  be  full  and  fufficient  evidence  of  fuch  deed  or  conveyance  j  any  law» 
ilatute,  or  ufagej  to  the  contrary,  notwithftanding. 

IV.  jind  be  it  further  enaSied  by  the  authority  aforejaidy  That  the  gfatitee  or  gralfltees,  in  any  deed  hereto-  Witnesse* 
fore  made,  or  hereafter  to  be  made,  (hall  and  may  at  his  own  expence,  on  motion  to  the  county  court  summoar d  to 
wherein  the  land  by  the  fame  granted  liesi  obtain  a  fummon  for  any  one  or  more  of  the  fubfcribing  wit-  ^^^^^  ^  esanw. 
nefles  to  fuch  deed,  which  fhall  be-figned  by  the  clerk,  and  dire£l:ed  to  the  (herifF,  commanding  him  to 
fummon  fuch  witnfefe  to  appear  at  the  next  county  courts   arid  give  his   evidence  concerning  the  execu- 
tion of  fuch  deed,  under  the  penalty  of  twenty  pounds  ••  And  the  fherifF  fhall,  and  is  hereby  required  to 
execute  the  fame,  at  leaft  five  day's  before  the  court  to  which  the  fame  is  returnable,  and  mak«  due   re- 
tjurn  thereof  i  for  which  fummon,  fervice,  and  return,  the  clerk  and  fherifF  fhall  be  paid  the  fame  fees  as 
are  allowed  on  iffuingj  ferving  and  returning,  fubpeenas  in  adlions  (a) ;  and  if  any  witnefs  to  a  deed.  Vol.  2, 19^. 
fo  fummoned,  fhall  fail  to  appear  on  the  return  of  fuch  funimon,  the  court  fliall  give  judgment  againft 
him  for  the  penalty  aforefaid*  for  which  execution  may  be  taken  out,  either  againft  his  body  or  goods, 
by  him  or  them  at  whofe  infianCe  he  fhall  be  fummoned,  unlefs  he  fhew  fufficient  caufe  to  the  next  fuc- 
'eeeding  court  for  not  having  appeared  to  give  his  evidence. 

V;  And  be  it  further  enabled  by  the  authority  aforefaidy  1  hat  every  regifter  who  fhall  negleG  or  delay  to  Penalty  on  re- 
tegifter  any  deed  or  conveyance  within  two  months  after  the  fame  fhall  be  delivered  to  him,  fuch  regifter,  g'ste»  for  neg- 
for  each  and  every  two  months  he  fhall  fo  neglefl  or  delay,  fhall  forfeit  and    pay  the  fum  of  twenty  ^^^' 
pounds  proclamation  money  ',  one  half  to  the  churchwardens,  for  the  ufe  of  the  parifh  wherein  he  fhail 
refide,  and  the  other  half  to  him  or  theni  who  will  fue  for  the  fame ;  to  be  recovered  by  action  of  debt, 
>with  coftsi  ,  > 

VI.  And  whereas  the  validity  of  feveral  patents,  granted  by  the  deputies  of  the  late  lords  proprletsrg  Patents  grant. 
has  been  queftioned  on  fuppofition  that  their  power  had  been  determined  before  the  arrival  of  a  Govern-  ^^  by  Lords 
or  in  this  province,  appointed  by  his  Majefty  :  Wherefore  to  fecure  the  pofTefTions  of  fuch  as  complied  ^\°^T^Jod.  ^^ 
with  the  forms  of  government,  then  ufed,  in  taking  out  patents.  Be  it  enaSied  by  the  authority   afsrefaid^ 
That  all  patents  made  and  ifTued  by  the  deputies   of  the  late  lords  proprietors,  at  any  time  whilft  they 
had  the  adminiftration  of  the  government  of  this  province,  until  the  revocation  or  determination  of  their 
Jiower  to  grant  lands,  was  publicly  fignified  and  made  known  by  fome  public  a<5t  of  government,  fhall, 
and  are  hereby  declared  to  be  good  and  available  in  law,  and  fhall  enure  and  take  eiTe^l,  as  fully  and   ab- 
folutely,  to  the  benefit  and  advantage  of  all  perfons  in  pofTefFion  of  any  lands  granted  thereby,   and  to 
their  heirs  and  afTignSi  as  if  their  power  to  make  and  ifTue  fuch  patents  had,  at  the  time  o/  making  and 
iffuing  the  fame,  been  in  nd  wife  revoked  or  determined,   except  fuch  as  have  been  by  the  patentees  at 
any  time  refigned  or  furrendered  j  which  patents,  fo  refigned  or  furrendeied,  fhall  receive  no  additional 
validity  hereby,  and  fhall  be  of  no  more  force  or  efficacy,  than  they  would  have  been  before  the  paffing 
this  a£i  ;  any  thing  herein,  to  the  contrary,  notwithftanding* 

An  ad  i9  atnend  an  aBf  entitled^  «  An  aft  to  reflrairi  the  exp6rtatlon  of  bad  and  unmerchantable  tobacco,  chap.  7, 
and  for  preventing  frauds  in  his  Majefly's  cuftomsi"  ^     1767  '9 

An  aSi  for  re-ejiaiiyhing  feveral  coiirities  dndiawnSi  and  for  other  purpofes.  CHAP.  9. 

WHERE  AS  his  Majeftyi  by  his  orders  in  his  privy  council,  dated  the  eighth  day  of  April,  one 
thoufand  feven  hundred  and  fifty- four,  did  repeal^  declare  void,  and  of  none  effed,  twelve  ads, 
faffed  at  fundry  times  in  this  province  ;   Which  a£ts  are  entitled  as  follows,  viz. 

"  An  aa  appointing  that  part  of  Albemarle  countyj  lying  on  the  weft  fide  of  Chowan  riVef,  to  be  a  Recital  of  »c«« 
precina,  by  the  name  of  Bertie  precinft."   Faffed  in  the  year  1722.  repeated, 

«  An  aft  for  incorporating  the  fea  port  of  Beaufort,  in  Carteret  precinft,  into  a  townfhip,  by  the  name 
of  Beaufort."    PaflTe^  inthe  year  1?28. 

(a)  S««  afls,  Oa,  IfSi,  ell,  fi  Uov,  ir86,  cb,  I4, 


120  1755.        «  An  a£l  to  appoint  that  part  cf  Albemarls  county,  lying  on  the  fouth  fide  of  Albemarle  found  aj?dF 
Ui<v*««J  Morattuck  river,  as  high  as  the  Rainbow  banks,  to  be  aprecin£l,  by  tlie  nanxe  of  Tyrrell  precin£t."  Paf» 
fed  in  the  year  1 729. 

"  An  a(3;  to  eftablifh  the  precinft§  of  Onflow  and  Bladen,  and  for  appointing  thsntj  diftin^  precincls." 
Pafied  in  the  year  1734.  •        .    •'  .,, 

"  An  a£t  for  erefting  the  village  called  Newton,  in  New-Hanover  eounty,  into  a  town  and  townJi 
fi<ip,  by  the  name  of  Wilmington,  and  regulating  and  afcertaining  the  bpunds  thereof.".  Paffed  in  thgi  - 
year  1739.  -  ■   ■■■  -  -    .'' 

"Anacbfor  confirming  titles  to  the  town  lands  of  Edentoc,  for  fecuring  the  privileges  heretofore: 
granted  to  the  faid  town,  and  for  the  further  encouragement  and  better  regulation  thereof."  Pafled  iti 
the  year  1740.  j: 

"  An  a£t  to  confirm  and  eredJ  that  part  of  the  province  called  Edgcomb  county,  into  a  county,  by  thej 
name  of  Edgcomb  county,  and  for  eftabiiihing  the  faid  county  a  parifh,  and  for  afcertaining  the  boundarT>T; 
line  between  the  norihweft  and  Society  pariihes,  in  Bertie  county .*'     Pafled  in  the  year  1741.  •  ^j 

♦<  An  ati  for  ereciing  the  upper  part  of  Bertie  county,  into  a  county,  by  the  name  of  Northampton'll 
county,  and  for  regulating  the  limits  between  Society  parifh  and  the  northweft  pariih  of  Bertie,  and  fot^y 
removing  the  feat  of  Bertie  county  court."     PalTed  in  the  year  1741.  •..•: 

«  An  a£t  for  erefting  the  upper  part  of  Graven  countyi  into  a  county  and  parifh,   and  for  appointing*  v 
a.  place  for  building  a  court-houfe,  prifon  aad  flocks,  in  the  faid  county."     PafTed  in  the  year  1746.        \|!:, 
«/ina£t  for  dividing  Edgcomb  county  and  precindl:^  and  for  erefting  the  upper  part  ^hereof  into  a-*:^ 
county  and  parifli,  by  the  name  of  Grartyille  county,  and  St.  John's  parifh,   and  for  appointing  veftry-«  s 
men  of  the  faid  parifh.''    PafTed  in  the  year  1746.  *  | 

*'  An  ad-  for  ereding  the  upper  part  of  New-Hanover  county,  into  a  county  and  parifh,  by  the  name'* 
of  Duplin  county,  and  St.  Gabriel's  parifh  and  for  appointing  a  place  for  building  a  court-houfe,  prifoiji ' 
and  flocks,  in  the  faid  cowity.     PafTed  in  the  year  1749. 

"  An  a£l  for  ere£ling  the  upper  part  of  Bladen  county,  into  a  cotmty  and  parifh,  by  the  name  of  An- 
fon  county,  and  St.  George's  parifh,  and  for  appointing  a  place  for  building  a  court-houfe,  prifon  and 
flocks  in  the  faid  county."     PafTed  in  the  year  1749.      '  "    ' 

Seveiulcoua-         II.  And  whereas  his  Majefly,  taking  into  his  royal  confiderarion  the  humble  reprefentation  of  the  Af- 
tics  ar.il  toxvns  fgnriblv  of  this  province,  fefting  forth  that  many  inconveniences,  with  refpe£l  to  the  future  fettlement  of'' 
this  province,  might  arife  from  the  repeal  of  the  faid  a£ls  ;  his  Majefly  has  been  gracioufly  pleafed,  by 
an  inflrudion  from  their  Excellencies  the  Lords  Juftices  to  the  Governor  of  this  province,  dated  the  firlt  • 
day  of  July,  one  thoufsnd  feven  hundred  and  fifty-five,  to  authorife  and  diredl  the  faid  Governor  to  give'J 
his  afTent  to  any  a£ls  which  fhall  be  pafTed  by  the  Council  and  AfTembly  of  this  province,  for  rc-eflablifh- 'I 
ing  tlie  feveral  towns,  precin£ls  and  counties,  heretofore  erc£led  by  the  twelve  acls  which  have  been  re- 'I 
pealed  as  aforefaid,  and  for  confirming  the  rights  of  the  people,  as  by  the  faid  ails  they  were  eftabliOied, '| 
under  cert..in  provifions  and  r^flridions  in   the  faid  orders  mentioned:    Be  it  therefore  enacted  by  the  Ga-  " 
vernoKy  CouncU,  and  Affemhly^  andby  the  authority  of  the  Jams  ^  That  the  feveral  divlfions,  precincls  or  dif- 
tritts  of  this  province,  which  have  heretofore  belonged  to  the  feveral  an<i  refpeClive  counties  and  towns 
aforefaid,  before  the  repeal  of  the  before  recited  afts  of  AfTembly,  fhall,  and  they  are  hereby  declared  to 
be  re-eflabliPned  into  counties  and  towns  by  the  feveral   and  refpe£live  names  by  which  each  divifion, 
precin£l  or  diflri£t,  at  the  time  of  repealing  the  aforefaid  a£ls,  was  known  and  denominated;  and  eacli 
of  the  faid  counties  fhall  be  limited  and  bounded  according  to  the  bountis  and  limits  heretofore  known 
and  reputed  to  be  the  hounds  and  Hiifits  thereof. 
Royal  prevoga-     III.  Prc-y/i/frfa/w^)'/,  That  nothing  herein  contained  fhaU  bc  conltrued,  deemed  or  taken,   to  alter  or 
tive  tor  incor-  derogate  from  the  right  and  royal  prerogative  of  his  Majefly,  his  heirs  or  fucceffors,  of  granting  letters  of 
&c!*re8fmd"  '  incorporation  to  the  faid  counties  and  towns  ;  of  ordering  appointing  and  dneiling  the  eledlionof  a  mem- 
ber or  members  to  reprefent  them  in  Afl'embly  :   and  of  granting   markets  and  fairs  to  be  kept  and  held 
in  them  refpedively  :  But  that  the  faid  right  and  prerogr.tive  fliall  and  may,  at  ail  times  hereafter,  be  ex- 
ercifed  therein  by  his  faid  Majelty,  his  heirs  or  fucceflbrs,    in  as  full  and  ample  manner,  to  all  intent* 
and  purpofes  whatfoever,  as  if  this  a£i  had  never  been  made. 
Deeds  and  con.      IV.  And  be  it  further  enaBed,  That  all  deeds  and  conveyances  for  the  Conyeying  of  a^ny  lands,   lots  or  ■ 
veyances  tor    tenements,  in  either  of  the  counties  or  towns  aforefaid,   to  any  perfon  or  perfons  whatfoever,  either   to 
coum'iMor"^     the  ufe  of  the  public,  or  to  their  own  ufe,  in  confequence  of  any  or  either  of  the  f.iid  adls  of  Afl'embly  fo 


repealed  as  aforefaid,  fhall,  and  are  hereby  declared  to  be  good  and  valid  in  law  ;  and  (hall  enure  and    1756.   121 
^4ki  efleiSl  as  fully,  to  the  benefit  of  the  grantees,  their  heir§  and  ^ffigns,  and  all  others  concerned,  as  if  the  u«^v<vj 
I  f^me  a£ls  had  never  been  repealed.  towns  afore- 

'    V.  And  be  it  further  encfSfedhy  the  authority  afarefaidf  That  the  five  afts  of  die  Ggneral  Affembly  of  this  **''*•  declared 
province,  entitled  as  follows,  viz.  ^     •  - 

«  An  iOi  for  dividing  part  of  Granville,  Johnfton  and  Bladen  counties,  into  a  county  and  parifh  by  hig  clauses' for- 
the  namg  pf  Orange  county,  ap,4  the  panO)  of  St.  Matthew,  and  for  appointing  yeftrymen  for  the  faid  bid  by  his  ivta- 
parifli,  and  other  purppfes  ther.ein  nxentipned."     Faffed  in  the  year  1752,  jesty,  repealed. 

»« An  ,a^  for  ere^ing  the  upper  part  of  Anfon  county,  into  a  county  and  parifli,  by  the  name  of  Row- 
an'county  and  St.  Luke's  parifh^  anjl  ,fojr  apppintinga  place  for  holding  a  court  in  faid  county."  Faffed 
ju'the  year  175S.  "  ' 

«  An  a£i  for  the  further  and  better  regulatipn  of  the  town  of  Wilmington,  and  for  repealing  the  fever- 
ed adis  therein  mentioned."  Faffed  in  the  year  1754, 

(  .«  An  adl  for  granting  untp  the  tpwp  of  Brunfwick,  the  privilege  of  choofing  and  fending  a  reprefenta- 
live  to  the  General  Aflembly."     Faffed  in  the  year  1 754. 

*f  4n  a£t  for  erecting  the  upper  part  of  Bladen  county,  into  a  county  and  pariih  by  the  name  of  Cum- 
herland  county,  and  St.  David's  pariih."  Faffed  in  the  year  1754  ;  containing  certain  claufes  forbid  by 
his  Majefty's  faid  orders,  dated  the  firft  day  "of  July,  one  thoufand  feven  hundred  and  fiftyrfiye,  be  and 
^e  hereby  repealedj,  and  fron^  henceforth  declared  void  and  pf  pope. e^ 

^a  a^  to  amend  an  an  for  impoivering  the feveral  /commijj^oners  therein  after  named ^  to  make,  mend,  and  repair  CHAP.  10^ 
j^lf  roads,  bridge f,  cuts  andiuater'courfes,  already  laid  out,  or  hereafter  to  be  laid  out,  in  the  feveral  emnties  and  Kep.  1764,  3. 


difiriSs  therein  after  appointed,  infiich  manner  as  they  judge  mofl  ufeful  to  the  public  ;  and  otbtr  purpofes.  '^"  "^"^  *^*  ^^^ 

V.  A  ND  whereas  Bladen  county  extends  down  the  north- weft  river  of  Cape-Fear,  the  diftance  of  **'^'°"" 
J^^  fifteen  miles  below  the  upper  bounds  of  New-Hanover  county"  which  makes  it  very  inconve» 
nient  for  the  inhabitants  pf  Bladen  county  to  work  on  the  pubHfi  roads  in  that  diftridt:  Foj  remedy  >yhereof. 
Be  it  enaStedby  the  authority  aforefaid.  That  a.north-eaft  line  be  run  direftly  from,  and  oppofite  the  mouth 
,of  Levingftpn's.cr^ek  to  Black  river,  then  down  th*  faid  river  to  the  mouth  thereof,  and  then  up  the  north- 
,weft  river  to  the  mouth  of  the  faid  creek  v_  and  all  the  lands  within  the  faid  bounds  are  hereby  annexed  to 
the  county  of  Nevv-IJ^noyer  i  and  Ihall  hereafter  be  deemed  and  held  to  be  within  the  limits  of  the  fame, 
3nd  made  part  of  the  norUi-weft  diftridi  of  New-Hanover  county  ;  and  the  inhabitants  thereof  fubjefl  and 
liable  to  fuch  duties,  taxes  and  impofitions,  and  alfo  intitled  to  the  rightS9  pjriyiledges  and  advantages,  as  the 
other  inhabitants  of  the  faid  county  are...  -        . 

An  qB  f or  eflahlijhin^  public  roads  and  ferries,  and ftr  the  better  regulation  of  the  fame  in  feveral  counties,         chap.  Ii; 

Rep.  1764,  3..- 
An  aSl  to  limit  the  time  for  holding  county  cswts,  and  other  purpofes.  chap.  15. 

,         .     '  Provided  for  by  subsequentaaj. 

^n  aSi  to  amend  and  continue  an  aB  intitled  "  An  aft  for  granting  to  his  Majefty,  a  duty  upon  the  tonnage  chap.  16. 
of  Ihips  acd  pthejr  veflels  cpming  into  this  province,  for  the  purpofes  therein  mentioned."    exp. 

An  aEi  to  re-eflablifi  the  counties  of  Rowan,  Cumberland,  and  Orange.  CHAP.  22; 

WHERE  AS  an  aft  for  ereding  the  upper  part  of  Anfon  county  into  a  county  and  parifli,  by  the  name 
of  Rowan  county,  and  St.  Luke's  parifli,  and  for  appointing  a  place  for  holding  a  court  in  the  faid 
f  ountf ;  an  ad,  intituled  «  An  ad  for  ereding  the  upper  part  of  Bladen  county  into  a  county  and  parifli, 
by  the  name  of  Qumberland  county,  and  St.  Duvid's  parifli ;"  and  an  aft  for  dividing  part  of  Granville, 
Johnfton  and  Bladen  cpunties,  into  a  county  and  parifli,  by  the  name  of  Orange  county,  and  the  parifli  of 
St.  Matthew,  and  for  appointing  veftrymen  for  the  faid  parifli,  and  other  purpofes  therein  mentioned,  have 
been  repealed  by  an  aa  intituled  «  An  ad  for  re-eftablifliing  feveral  counties  and  towns,  and  for  other  pur- 
pofe? :"  and  whereas  his  Majefty  has  been  gracioufly  pleafed,  by  his  royal  inftruaions,  to  authorife  his 
Excellency  the  Governor  to  give  his  aflent  to  an  ad  to  re-cftablifli  the  counties  aforefaid  : 

II.  Be  it  therefore  emSed,  by  the  Governer,  Council,  aud  Affembly,  and  hy  the  authority  of  the  fame.  That  the  Counties  re-esi 
leveral  divxfions  or  diftrids  of  this  province,  which  have  heretofore  belonged  to  the  refpeaive  counties  a-  tabiished. 


122    1756.   forefaid,  before  the  repeal  of  the  before  recited  z€ts  of  AflTembly,  fhall,  anrf  are  hereby  declared  to  be  fe*  • 
eftablifhed  into  counties,  by  the  refpefitive  names  by  which  each  county  or  diftriil,  at  the  time  of  the  re-- ' 
pealing  the  aforefaid  a<Sls  was  known  and  denominated  :  and  each  of  the  faid  counties  fhall  be  limited  and  4 
bounded  according  to  the  bounds  and  limits  heretofore  known  and  reputed  to  be  the  bounds  arid  limits 
thereof. 

III.  And  he  it  further  enaEted^  That  alf  deeds  and  mefhe  conireyanccp.  for  the  cortvieying  of  any  knda,  lots 
or  tenements,  in  either  of  the  faid  counties,  Xo  any  perfon  or  perfons  whatfoever^  either  to  the  ufe  of  the 
public,  or  to  tTieir  own  ufe,  in  confequence  of  the  faid  a£ts  of  Afiembly  fo  repealed  as  aforefaid,  fhall,  and 
are  hereby  declared  to  be  good  and  valid  in  law,  and  (hall  enure  and  take  effe£l  as  fully,  to  the  benefit  of - 
the  grantees,  their  heirs  and  affigns,  and  all  other  perfons  concetned,  as  if  the  fame  had  never  been  repealed^ ' 

The  fourth  feSlioHy  containing  afaving  of  the  ro;jal  prerogative  of  granting  letters  of  inccrporation  ts^c,  inimate^' 
riot  to  be  infertei. 

THE   TITLES   OF  THE   ^HlVATE  ACTS.] 


Deeds  for  lands 
in  such  coun. 
ties  declared 
valid. 


S  A  n  aA  ibr  laying  a  tax  for  repairing  the  court-house  in  Edenton. 

12  Ad  aA  for  the  better  regulation  of  the  town  of  Newbern, 

and  jbr  securing  the  titles  of  persons  who  hold  lots  in  the 
said  town. 

13  An  act  for  the  reg<dation  of  the  townof  Wilmington; 

14  An  aA  for  establishing  the  titles  of  freeholders  in  Edenton, 

for  laying  a  tax  fov  finishing  the  church  begun  in  the 
said  town,  and  for  the  further  iittprovcRKnt  aud  better  re- 
gulation  thereof. 

17  An  aA  for  ereAing  a  new  court-houser  prison,  pillory  and 

stocks,  in  Pasquotank  county,  and  otherpurposes. 

18  Asft^to  empower  the  Sherif  of  Cnuiville,  »nd  tbe  colle^l- 


or  of  the  taxes  of  St.  John's  Parish,  to  colleA  pubfitf, 
county  and  parish  levies 

19  An  aa  fot  adjourning  the  coonty  courts  of  Beaufort,  andi 

otherpurposes. 

20  An  aA  for  dividing  the  parish"  of  St.  Patriek,  in  die  County 

of  Johnston,  into  two  distinA  parishes. 

21  AnaAfor  laying  a  tax  on  the  inhabhanu  of  the  parishes  of 

St.  Patrick  and  St.  Stephen. 

23  An  act  for  consolidating  the  parishes  of  Stl  John  and  St.  Pe« 

ter  in  the  county  of  Pas(]Uounk. 

24  An  aA  for  dividing  the  parish  of  Edgcomb,  in  the  countj  «f 

Edgcomb,  into  two  distinA  parishest 

Signed  by  ARTHUR  DOBBS,  Efq,  G<mni^» 
Matth£w  Rowan,.  Prefiden^, 
SaUVEI;  SwAm(»  Spe^r^ 


list.    123 

glOt^mmmmmmmUtmm      "ill    '    '"  '  i  ii "  li  i  '.t'l' ri'iT ivlimimmmmimmiimmmdmiimmimimlmimimmi^l^^ 

[At  a  Gerieirai  ASSEMBLY,  fceguri  and  held  at  Newbern,  on  the  Twelfth  arthu. 
Day  of  December,  in  the  year  of  our  Lord  One  Thousand  Seven  Hund-  q°"^'  ^**f' 
red  and  Fifty-four,  and  from  thence  continued,  by  several  Prorogations,  to 
the  Sixteenth  Day  of  May,  in  the  Year  of  Our  Lord,  One  Thousand  Se- 

I  i  Ven  Huindredand  Fifty-sevcn :  Being  the  Fourth  Session  of  this  Assembly. 


dffaSf for  granting  a  further  aid  to  his  Majejyy  for  the  ajfijiance  of  South-Carolinot  and  the  defence  of  the  fron^  GViiif.  I . 

tiers  of  this  prtvincet  and  other  purpefes.  This  aft  umpoi 

rary,  and  I  prei 
,„■  .  -.  «      /    ...      .       >r  .     ,.        /•  y.     .  -r.      .  .  sume  it  had  its  effeft. 

j»(tSita  revive  an  aB  for  faalttatwg  the  navigation  of  port  Bath,  port  Roamhf  and  port  Beatifort,    exp.    chap.  2. 

Ah  e^ for  further  continuing  an  aSf,  erttitledi  An  a£l  for  tlie  encouragement  of  James  Davis  to  fet  tip  and  QULt,  S» 
carry  on  his  bufinefs  of  a  printer  in  this  proTince,  and  for  o&etpurpofes^erein  mentioned.    EXi». 

TH^  TITLES  OF  TI^E  PRIVATE  AdTS. 

'  All  sA  to  revive  an  ^  to  establish  a  public  ferry  from  New.  ^     hbiir  stand»,  on  Perquimans  river. 

Iiejr'f  point  to  Fhelps'i  point,  wbercin  ths  court-bouse    4  An  aA  for  finishing  the  church  in  Wilmington. 

Signed  hj  ARTHUR  DOBBS,  Efq.  covernoti 
Matthew  RdwitM,  Pr^denf> 
^AMUEL  SwANNy  Speaker, 


124  2,1757-. 


Arthur 

DoBBS,  Cfq. 
Governor. 


At  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  on  the  Twelfth 
Day  of  December,  in  the  Year^ of  our  Lord,  One  Thousand  Seven  Hun^ 
dred  and  Fifty-four,  and  from  thence  continvied,  by  several  Prprogations,! 
to  the  Twenty.first  Day  of  November,  in  the  Year  of  our  Lord  One  Thou,^ 
and  Seven  Hundred  and  Fifty-seven:  Being  th?  Fif^h  Session  of  thi§  Asi' 
sembly. 


CHA?.   1.       jift  aBfor  granting  a  further  aid  to  his  Majejly^  fir  fuhfiliing  the  firces  n^cejfary  to  he  kept  in  th  payYo/tbtM 

"^r'^andTre-  province,  and  fir  Other  purpo/es,  .  i 

sume  it  had  its  effeft, 

CHAP.  2,     ^<^«  act  to  enable  the  <omm}JfiQners  dJ  Fort  Johnflon  and  Pert  Granville,  to finijh  the  Fwts^  and  to  erect  iartacl( 

for  accommodating  the  troops  in  thff ante.     OBS. 

CHAP.  3.       An  act  fir  further  amending  an  act,  entitled.  An  adJ:  for  amending  the  ftaple  pf  tobacco,  and  preventini 
Rep.  1767,9.  irauds  ip  l}is  !^Iajefty's  c^ftoms, 

CHAP.  4.       An  act  to  empower  the  Juftices  ofthefupreme  courts  to  take  the  (icinoiuledgment  or  proof  of^deeds,  and  for  d/Jj 
See  note  page  lowing  them  a  f alary,    .px». 

CHAP.  Y.       An  act  to  ohvi^te  doubts  concerning  fees  du&  en  proceedings  in  the  fupr erne  courts  of  ju/Uce,  ojtr  and  termitferi 

and  general  gaol  delivery,     exp. 


CHAP.  8. 
Rep.  17^58, 
19. 

CHAP.   9. 

Vol.  2,  131. 


Part  of  Beau- 
fort added  to 
Craven  county. 


Bounds  be. 
tween  Craven 
and  Beaufort 
Mcertained. 


An  actfirpre/efving  peqce,  qnd  contirmir^'agood  correfpondence  with  the  Indians  in  alliance  with  his  Maje/tf^ 

fubjects. 

AnaSfor  adding  part  of  Beaufort  to  Craven  county,  for  afcertaining  the  dividing  line  between  thefaid  count 

ties,  J 

WHEREAS  the  inhabitants  of  that  part  of  Beaufort  county,  lying  between  Bay  river  and  lower  Broad 
creek,  are,  by  reafon  of  the  removal  of  the  court  of  the  faidcounty  ata  very  great  diftance  frod 
the  fame,  and  are  often  put  to  great  hardfhips  and  fatigue  in  attending  their  coupty  court  at  fuch  a  difl 
tance ;  and  whereas  it  would  be  much  more  convenient  to  |he  faid  inhabitaqts,  if  that  part  of  the  fai<f 
county  of  Beaufort  was  added  to  Craven  county  : 

II.  Be  it  therefore  enaSled  by  the  Governor,  Council,  and  AJJimhly,  and  it  is  hereby  enaSied  by  the  aifthority 
the  fame.  That  that  part  of  the  faid  county  of  Beaufort,  lying  between  Bay  riyer  and  lower  Broad  Cre? 
as  aforelaid,  be  from  henceforth  deemed,  held,  and  taken  to  bfe  part  of  Craven  county ;  and  that  the  i^ 
habitants  thereof  be  fubjeft  and  liable  to  the  fame  rules,  orders,  and  taxes,  as  any  other  of  the  inhabif 
tants  of  the  faid  county  of  Craven  now  are,  or  fh^ll  Jiefgafter  be,  fubje^  pt  liable  to  j  snjr  laxyj  ufage' 
or  cuftom,  to  the  contrary,  notwithftanding. 

III.  And  whereas  the  bojiinds  of  the  faid  counties  of  Beaufort  and  Craven  are  very  uncertain,  by  xe^{^ 
fon  of  a  dividing  line  between  the  fame  never  being  , as  yet  properly  afcertained  •,  Be  it  therefore  enaBed  by 
the  authority,  aforefaid.  That  from  henceforward  the  bounds  of  the  faid  counties  be  by  Bay  river,  from  th^ 
mouth  thereof,  up  the  main  weftermofl  branch,  to  the  head  ;  thence  by  the  Flat  fwamp  that  make?  from 
the  head  of  the  faid  river  j  and  from  the  head  of  the  faid  Flat  fwajnp,  by  a  line  to  be  run  nearly  equidi- 
ftant  between  Tar  and  Neufe  rivers  ;  and  that  Mr.  John  Hardy  and  Mr.  Jofeph  Bryan  are  hereby  apf 
pointed  commiflioners  for  running  the  faid  line,  which  (hall  be  at  the  expence  of  each  f punty  refped^ 
ively. 


An  a3  to  repeal  an  a^,  entitledy  An  a(S  for  deftroying  vermin  In  this  provlncer  2,1757. 125 

"HEREAS  an  a£t  entitled,  4n  a£iJor4tJiyoying  vermin  in  this  province^  is  found  not  to  anfwef  tlie  t«^Vi*w 

good  purpofes  intended  thc«±»y :  chap,  12. 

II.  Be  it  therefore  enabled  by  the  Governor ^  Council^  and  AJembly,  and  by  the  authority  of  the  fame,  and  it  it  Ails  tepenled, 
hereby  enabled.  That  the  faid  aQ  of  Affembly,  entitled,    An  aSl  far  deflroying  vermin  in  this  provincet  be» 
itnd  the  faid  a^  is  henceforth  repealed^  and  declared  to  be  null  and  void. 

THE   TITLES    OF   THE   PRIVATE    ACTS; 

10  An  aft  to  amend  an  a<ft,  entitled,  "  An  aft  for  the  better  r&  finishing  ^he  same. 

gnlation  of  the  town  of  .Newbem,  and  for  securing  the  13  An  aifl  to  dock  the  intail  of  certain  lands  now  in  posscssjoa 

titles  of  persons  who  hold  lots  in  the  said  town."  of  Haiding  Jones,  under  a  devise  in'  the  will  ot  Frede- 

It  An  a<S  to  enable  the  commissioners  of  the  church  of  Edenton  rick  Jones,  Esq.  his  grandfather,  deceased,  by  whom  the 

to  discharge  tbe  conttajls  b^  them  aiade  c()ncerniiig  the  same  were  intailed. 

Signed  \>y  ARTHUR  DOBBS,  Efq.  Governor, 
Matthew  Rowan,  Preftdent, 
Samuel  Swann,  Speaker* 


Not,  I  W^ 


]LQ6    1758. 


»tmm 


doIbJ'es  ^^  ^  Genetal  ASSEMBLY,  beguh  and  held  at  NVwterh,  on  tli^'  Twelftli 
GcwMcr/^  Day  of  December,  in  the  Year  of  Our' Lord  One  Thousand  Seven  Hun- 
dred and  Fifty-four,  and  from  thence  continued,  by  several  .Prorogations,' 
to  the  Twentieth  Day  of  April,  in  the  Year  of  Our  Lord,  One  Thou-^ 
sand  Seven  Hundred  and  Fifty-eight:  Being  the  Sixth  Session  of  thi^ 
Assembly* 


CHAP.  1.  jift  act/or  granting  an  aid  to  his  Majejiyy  for  augmenting  the  troops  now  in  the  pay  of  this  province,  to  be  joinX 
This  aa  tempo-  td-withthofe  under  the  command  of  Brigadier- general  ForbeSy  paying  them  nJuhilJl  employed  in  the Jaid  ferviceAi 
sumeirha/i^'      and  for  placing  garrijons  in  the Jorts  on  the  fea  coalts*  1 

CHAP.  2.       Anactto  enable  the  commijftoners  of  port  Roanoke  to  amend  the  navigation  of  the  faid  porty  and  for  other  purp^f, 

fes.    KXP. 

CHA?.  4.  An  aSi  to  confirm  and  tfidblifb feverdl  vejlr'ief,  and  other  ptirpofest 

Net  now  in 

Secnote,pase  .  THE   TITLES    OlF   THE   PRIVATE    acts'. 


57. 


3  An  ail  for  altering  the  times  for  holding  courts  in  Northamp-  arid  erefling  others  in  the  town  of  Halifax. 

ton,  Edgecomb,  Granville,  and  Orange  counties.  6  An  ail  for  establishing  a  town  on  the  land  of  Jonathan  Phel^j 

5  An  iSS  for  discontinuing  the  ware-houses  at  Eifitck's  landing,  on  Perquimans  river. 

Signed  by.  ARTHUR  DOBBiS,  Efq.  Governor: 
Matthew  Rowan,  Prefidenty 
&AMUEL  Swank,  Speaker. 


\ 


'i 


2,1758, 127 


,At  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  on  the  Twelfth  S"^"3°*es 
Day  of  Decembef,  in  the  Year  of  our  Lord  One  Thousand  Seven  Hun- covenior. 
dred  and  Fifty-fbur,  ami  from' thence  continued,  by  several  Prorogations, 
to  the  Twenty-third  Day  of  November,  in  the  Year  of  our  Lord  One 
Thousand  Seven  Hundred  and  Fifty-eight,  then  beld  at  Edenton :  Being 
the  Seventh  Session  of  this  Assemblv. 


An  a&for  granting  an  aid  to  his  MajeJly,for  placing  proper  garrifons  m  tht  forts  jfohnjimand  Gran*  C»Af.  1. 

Xitda^  andjor  Qihirpurpojas.  ThKaatemjo- 

raiy,  and  1  presoms  it  h»d  iis  effeift 
An  aRfor  making  belter  provijionfoT  the  clergy,  CBap.  2*- 

Not  jn  force* 
An  aBfor  eriBing  a  cil^  dn  t/<ufe  liiar\upo»  tlie  pldntdiidn  edtttd  Tom'r^hiU  ,'ijS:^xing  the  feat  of  go--  CHAP.  % 
vernment  thtrein,  and  building  a  governor's  houjcy  aud  public  effich^intke^'^ane.     fa)  OBs. 

Jn  a&  to  rtgulaU  the  injpection  of  pork,  beef ,  rice  f  fldur',  butler,  indigo,  tar,  pit'cK,  turpentine,Jiavef  Cadf.  4. 

heading  jhingUs ,  lumber  and  dter-Jkins     exp^ 

An  act  Jot  encouraging  the  building  oj public  mMs  j-  e^distcting  the  duty  efrniUers.  '  tUkVx  $. 

Provided  for  oy  1777,  2o- 
An  additional  act  to  an  act  intituled  "  Arr  a£l  concerning  feiVarits  and  fhves.'*  chap,  7/ 

The  3  last  seaions  of  this  aa  rep  by  aS  Oa.  25,  1761,  8.   Tiie  remainder  by  a<ff  Nov.  18,  1/  6S,  17.  ■ 

A^  act  for  appointing  a  proper  place  for  holding  tie  f^prems  courts  ojjuflice,  oyer  and  terminer,   and  general  gaol'  CHA?.  9t 
delivery,  for  the  difirict  ^  Northampton,  Bdgcomby  and  Granville.  Not  new  in 

lorce  5  there  being  a  different  court  system. 
An  act  for  regulating  ordinaries,  and  houfes  of  entertainmeta  i  and  for  other  purpofet,  Cmap.  10/ 

feep.5,176r,a 
An  act  to  make  prvuiftonfor  the  payment  the  Chief  Jieftice  and  Attorriey-GeneraPsfalaries  y  and  dtfraying  the  C5n<-  chap.  11. 

tingent  charges  of  government,     exp. 

,,  An  aB  for  dividing  the  county  of  Johttflon  \  and  other  purpofes.  CHAP.  12, 

WHEREAS  the  lafge  extent  of  the  county  of  Johnfton,  renders  it  grievous  and  burthenfome,  tff  ma- 
ny of  tlie  inhabitants  thereof,  to  attend  the  courts  and  general  mufters,  and  other  public  meetings 
Appointed  therein ; 

If.  Be  it  enaBed  by  the  Governor,  Council,  and  Affembly  and  by  the  authority  ofthefanie,  That  from  and  aftef  trot.  %  ^, 
t3ie  tenth  day  of  April  next,  the  faid  county  be  divided,  by  the  dividing  line  between  the  pariflf  of  St.  Oobbs  county 
Patrick,  and  the  parifli  of  St.  Stephen  ;  and  that  that  part  of  the  faid  countfy  vi'hich  is  vLow  the  parifh  df  eredUJd. 
St.  Stephen,  remain,  be  called,  and  known  by  the  name  of  Johnfton  ;  and  that  that  part  of  the  faid  county 
•*^hich  is  the  partfh  oi^  St.  Patrick,  be  thenceforth  ere(n:ed  into  a  diftindt  county  j  and  called  and  known  by 
ihe  name  of  Dobbs. 
■  Jhe  remaining  feSlions  altogether  of  a  private  or  a  temporary  nature^  dndiherefore  not  infer  ted. 

if  "J  T*"S  ^  was  only  to  take  effeA  conditionally  (on  advice  that  the  proportion  of  j^50,000  sterling  granted  by  the  parfaffisnt 
cf  Great-Britain  to  Nortli  and  Souch-Caroliua,  and  Virginia,  was  paid  or  secured  to  be  paid  to  the  ageat  of  North-Carolina,)  and  t 
Believe  nothing  was  ever  done  towards  carrying  this  a<S  iiAo  exe«uHen.    X  know  a<n  if  tlw  money  was  paid^  or  s«:ut«d  to  lae  pai* 

**  thfe  aa  re<iuir«di 


128  2,17.-8. 

CHAP.    i3. 

County  divi- 
ded. 


An  aB  for  dwiilng  Udgc^mh  county. 


Halifax  erect- 
ed. 


CI?  IP.   19. 


Aft  repealed. 


WHEREAS  divers  Inconveniences  attend  the  inhabitants  of  Edgcomb  county,  by  feafon  of  the  la 
extent  thereof,  and  the  great  diftance.thatniany  of  them  live  from  the  court-hou.fe,  arjid  other 
ces  ufually  appointed  for  public  meetings  ;  '  ,  .    v     .. 

II.   Be  it  therefore  enaBed  by  the  Governor^  Council  and  Affimbly^  and  by  the^  authority  ofthefame^  That  from 
and  immediately  after  the  firll  day  of  January  nest  cnfuing,  the  (aid  county  of  Edgcomb  be  divided,  by  the,  i 
dividing  line  between  the  parifli  of  Edgcomji  and  the  pariQi  of  St.  Mary ;  and  that  ^at  part  of  the  faid  coun-  ■ 
ty  which  is  now  the  parifti  of  St.  Mary,  ramain,  be  calkd,  and  known  by  the  name  of  Edgcomb  count)-  j 
and  that  that  part  of  the  faid  county  which  is  now  the  parifh  of  Edgcomb,  be  thenceforth  ere£ted  into  one 
diftjn£t  county,  and  called  and  known  by  the  name  of  Halifax. 

The  remaining  feSiionf  altogether  of  a  privafe  or  a  temporary  nature,  and  therefore  net  inferted. 

An  aB  for  repealing  an  aSf  therein  mentioned, 

WHEREAS  one  a£l  of  Aflembly,  intituled  «  An  aft  for  prefervirig  peace,  and  continuing  a  good 
correfpondence  with  the  Indians  in  alliance  with  his  Majefty's  fubjefts,"  has  not  procured  thegoodfl 
efFe£ts  hoped  for  j  but  on  the  contrary,  is  likely  to  alienate  the  affeftions  of  the  faid  Indians  from  the  xoel 
habitants  of  this  province.  :  ^ 

II.  Be  it  therefore  ettaSled  by  the  Governor,  Council  and  AfftmHy  andhy  the  authority  of  the  fame.  That  the  faid 
recited  aft,  and  every  claufe  and  article  thereof,  fliall  be,  from  henceforth,  repealed,  and  made  null  aa(| 
void. 

THE   TITLES   0F   THE   PRIVATE   ACTS. 


6  lAn  afl  for  establishing  a  warehouse  for  the  inspefllon  of  to- 
bacco on  ths  land  of  Thoraas  Barnes,  in  the  county' of 
Halifax,  and  other  purposes; 

8  Ai)  aift  for  altering  the  method  of  working  on  the  roads,  and 
appointing  public  ferries  within  the  counties  of  Craven, 
Cartei-et,  Johnston,  Beaufort,  Orange,  and^ Onslow. 

14  AnaftfordividiigtheparJshofSt.John,  in Grajiville county. 

15  Anadlfordividing  the  parish  of  North-West. 

16  An  afl  for  establishing  a  town  on  the  Jands  formerly  belong- 


ing to  Zachariah  Nixon,  lying  on  the  north-east  side  tJA 

Little  river,  in  Pasquotank  county.  ' '  f 

ir  An  aft  to  establish  a  ferry  from  Sol'ey  "s  point  to  Re)f*s  point,  1 

whereon thecourt-house now  stands, on  Pasquotank  rivir.  \ 
18  Anadi  for  destroying  squirrels  in  the  counties  therein  xxvOitX 

tioned.  '  j 

20  An  a£l  to  relieve  John  Pope  frcrni  a  judgment  obtained  againtU 

him,  in  favour  of  the  parishes  of  Edgecomb'  and  St,  A^|r 

ry.      ■ 

Signed  by  ..ARTHUR  DOBBS,  Efq.  Govemr, 
JMajthew  Rowan,  Prefident. 
Sa.muel  SwASiN,  Speaker. 


1759.  1?9 


[A^  a  General  ASSEMBLY,  begun  and  held  at  Newbern,  on  the  Twelfth  abthuu 
Day  of  December,  in  the  Year  of  our  Lord  One  Thousand  Seven  Hun-  Gweniof'''' 
4red  and  Fifty-four,  and  from  thence  continued,  by  several  Prorogations,  to 
the  l^ighth  Day  of  May,  in  the  Year  of  Our  Lord,  One  Thousand  Se- 
ven Hundred  and  Fifty-nine,  to  be  then  held  at  Newbern :  Being  the 
'J^l^hth  Session  of  this  Assemlaly. 

THE   TITLES    OF   THE   PRIVATE    ACTS. 

i  iLn  act  for  raising  money  for  finishing  the  churches  in  the  pa-    2  An  &.&.  to  empower  the  justices  of  Dobbs  county  to  hear  and 

rishes  of  St.  James  and  St.  Pftilip,  in  Npw-Hanover  d"«''™ne  all  causes  commenced  and  undetermined  in  John 

1  county,  by  a  lottery.  ston  county  court,  before  the  division  of  the  said  county'. 

Signed  by  ARTHUR  DOBBS,  Efq.  Governor; 
Matthew  Rowan,  Prefident, 
SamueIi  Swann,  Speaker. 


Vox,  I,  L  i 


]  9^  2,1 759. 


Arthvr 
DoBBs,  Esq, 
G&vctnor. 


At  a  General  ASSEMBLY,  begun  and  held  at  Newberii,  on  the  Twelfth  Day 
of  December  in  the  Year  of  our  Lord  One  Thousand  Seven  Hundred  and 
Infty-four,  and  frotn  thence  continued,  by  several  I  rorogations,  to  the 
Tvirentieth  Day  of  November,  in  the  Year  of  our  Lord  One  Thousand  Se- 
ven Hundred  and  Fifty-nine,  tten  held  at  Wilnaiugton:  Being  the  Nmth' 
Session  of  this  Assembly, 


CHAP.  1.       An  c-3  to  amend  and  continue  an  aSy  enlitledt  An  aft  for  tke  better  regulation  ©f  the  militia,  and  other"  pur- 

pofesi    EXP. 

CHAP.  2.       An  a8  for  granting  art  ai4  to  his  Majejtyifor  paying  and fuhfijiing  the  forces  and  militia  mw  in  the  pay  of  this 
This  aft  tern-  province,  and  for  other  purpofes* 

porary,  and   I   presume  it  had  Us  effcdi, 

CHAP,  3.  An  1^  for  the  appointment  of  vedries. 

See  iiot€,  page  SJ. 

CHAP.  4,  An  a8  for  ereBing  part  pf  the  counties  of  Chowan,  Bertie  J  and  Northampton,  into  a  county  and  par fh. 

WHEREAS  the  large  extent  of  the  counties  of  Chowan,  Bertie,  and  Northampton,  renders  it  griev* 
ous  and  burthenfome  to  many  of  the  inhabitants  thereof  to  attend  the  courts  of  juftice,  and  o*] 
ther  public  meetings  appointed  therein :  For  remedy  whereof^ 

II.  Be  it  ena5ied  by  the  Governor,  Council,  and  Ajfembly,  and  by  the  authority  of  the  fame,  That  from  and 
after  the  firft  day  of  May  next  the  faid  counties  be  divided  as  follows,  to  wit,  beginning  in  Bertie  county 
at  the  firft  high  land  on  the  north- weft  fide  of  Mare  branch,  on  Chowan  river  Pocofon  ;•  running  thence  'J 
by  a  direft  line  to  Thomas  Outlaw's  plantation,  near  Stoney  creek  ;  thence  by  a  direft  line  to  North-  * 
ampton  county  line,  at  the  plantation  whereon  James  Rutland  formerly  lived  ;  then  along  Northampton 
county  line  to  the  head  of  Beaver  Dam  fwamp  •,  thence  by  a  dire£t  line  to  the  eaftermoft  part  of  Kerby's 
creek  ;  thence  down  the  creek  to  Meherrin  river ;  then  up  Meherrin  river  to  the  Virginia  line ;  then- 
eafterly  along  the  Virginia  line  td  Bennet's  creek ;  then  down  Bennet's  creek  to  Chowan  river  }  then 
acrofs  the  river  to  the  mouth  of  the  faid  Mare  branch  j  and  up  the  branch  to  the  beginning;  And  all 
that  part  of  the  faid  counties  included  within  the  faid  bounds  be  thenceforth  eredted  into  a  diftiniSl  coun- 
ty and  parifti,  and  called  and  known  by  the  name  of  Hertford  county,   and  parifli  of  St.  Barnabas. 

The  remaining  fe^ions  of  a  private  or  a  temporary  nature,   or  not  now  of  ufe,  and  therefore  not  inferted> 

An  aB  to  amend  an  aEI  for  appointing  fheriffs,  and  direSling  their  duty  in  office ;  and  for  compelling  colleBw 
of  public  taxes,  and  perfons  intrufled  with  laying  out  public  money,  to  apply  and  account  for  the  fame. 


Hertford  ereft- 
ed. 


CHAP.  5. 
K.p.  1767,6. 


CHAP.  8.  An  aB  to  enable  William  Dry,  Efq.  to  finilb  fort  Johnflot^  at  the  mouth  of  Cape-Fear  river. 

This  ail  temporary,  and  I  presume  it  had  its  efl'ect. 

CHAP.  9.       An  aB  to  enable  the  commiffioners  of  Port  Bath  and  Port  Beaufort  to  amend  the  navigation,  and  other  pufif] 
1  he  public  part  pofes* 

«f  tlus  ad  expired ;  and  ihe  rest,  (of  a  private  nature)  I  presume  had  itsefFedl. 

CHAP.   14.    An  aSl  to  amend  an  aB,  entitled,  Kn  a£l  for  building  and  maintaining  of  court-houfea,  prifons,  and  ftocksy  ■ 
Ante  p.  i6.  ^  in  every  county  within  this  province,  and  appointing  rules  for  each  county  prifon  for  debtors. 

'HEREAS  by  one  a£l  of  Aflembly,  parted  in  the  fifteenth  year  of  his  prefent  Majefty,   entitled^t' 
An  att  for  building  and  maintaining  of  court-houfes,  prifons,  andjlocks,  in  every  county  within  this  pro»-^ 
vince,  and  appointing  rules  for  each  county  prifon  for  debtors^  it  is,  among  other  thiags,  enabled,  that  every 


w 


J>erfon  coramitted  to  gaol  (not  /or  treafon  dr  felony)  upon  giving  bond  and  feeurity  to  tlis  ^eriS"  of  the 
[County,  may  have  the  liberty  of  the  rules  of  the  prifoii  to  which  he  is  committed  ;  which  indulgence 
hath  b©en  greatly  ai>ufed  : 

ll.  Be  it  therefore  enaiied  hythe  Go-Oernory  Ccwicii,  dtici  Afemhlyt  andhytheauihoriiy  of  the  fame.  That 
iall  and  every  bond  or  bonds  which  {hall  hereafter  be  given  in  purfuatice  of  the  faid  a£t  by  any  perfon  or 
Ipprfons  committed  on  a  Capias  ad  Satisfaciendum,  Ihall,  by  the  iherifF  taking  the  fame,  be  afligned  by 
the  party  at  whofe  inftance  fuchperfon  or  perfons  was  or  were  committed  to  gaol,  and  fiiall  be  returned 
to  the  oifiee  of  the  clerk  of  the  court  from  whence  fuch  execution  iflued,  there  to  be  fafely  kept,  and^ 
(^all  have  the  force  of  a  judgment  j  and  if  any  psifon  who  fhall  obtain  the  rules  of  any  prifon,  upon-gi- 
jving  bond  and  fecurity  as  aforefaid,  {hall  efcape  out  of  the  fame  before  he  {hall  have  paid  the  debt,  or 
[damages  and  cofts,  according  to  the  condition  of  fuch  bond,  it  Ihall  be  lawful,  and  full  power  and  au- 
[thority  is  hereby  given  to  the  court  where  fuch  bond  is  lodged,  upon  motion  of  the  party  for  whom  fuch 
[txecution  iflued,  to  award  execution  againfl  fuchperfon  and  his  fecurities  for  the  debt,  or  damages  and 
tfofts,  with  intereil,  to  be  computed  from  the  time  of  fuch  efcape  till  payment:  And  no  perfon  or  per- 
fons whatfoevejr>  who  (hall  be  committed  to  gaol  on  any  fuch  execution,  (hall  have  or  be  allowed  the 
rules  of  any  prifon,  but  fhall  be  kept  in  fafe  cuftody  in  the  prifon  to  which  he  or  they  {hall  be  committed, 
[until  the  whole  debt  or  damages,  with  intereft,  and  co{ls,  (hall  be  fully  paid  and  fatisfied:  Any  thing 
in  the  faid  z(k  contained,  to  the  contrary,  nowithftanding.  " 

[  ni.  Provided  always.  That"  fuch  obhgor  Ihall  have  ten  days  previous  notice  of  fuch  motion  in  writing,, 
land  the  obligors,  in  fiicH  cafe,  fhall  not  be  admitted  to  ptead  non  eft  faftUm,  in  their  defence,  unlefa; 
&ey  {hall,  by  affidavit,  prove  the  truth  of  fuch  plea. 


2i\7^9.\$l 


Binds  to  be  as* 
sigaed  to  the 
party,  £ic. 


Execution  may 
issue  on  moCiQn. 


Person  commit- 
ted thwcon 
confined  in  thfi 
prisaa  itself. 


THE  TITLES  OF  THE  PRIVATE  A  C  T  ^. 


Aft  »&  to  ertipower  Lawrence  Thompson,  late  sher'rff  of  Grange 
county,  to  collefl  and  receive  a  tax  of  two  shillings,  pro- 
clamation money,  laid  on  the  taxable  persons  in  the  coun- 
ty of  Orange,  by  an  aft  of  Assembly  of  this  provmce, 
passed  in  the  thirtieth  year  of  the  reign  of  our  sovereign 
lord  George  the  second,  of  Great  Britain,  Fiance,  and 
H  Ireland,  king,  and  so  forth^ 

'  An  aA  for  enlargmg  the  time  allowed  for  saving  lots  in  the 
town  of  Halifax,  preventing  the  building  wooden  Chim- 
nies  therein,  and  other  purposes, 

0'  An  9^  to  empower  sind  direil  the  commissioners  of  Ac  dis- 


Trials  herein  after  riientiofled,  tb  lay  oiit  and  make  nc# 
roads. 

11  An  aft  to  establish  warehouses  for  the  inspe<3ion  of  tobacco- 

in  tht  county  of  Dobbs,  and  other  purposes. 

12  An  aft  for  appointing  commissioners  to  finish  the  court-house 

already  Oegun  in  the  town  of  Newbern,  and  for  other 
purposes. 

13  An  aft  for  establishing  a  towii' on  the  land  formerly  grant- 

ed to  William  Churton,  gentleman,  lying  on  the  north  side 
of  the  river  Eno,  in  the  county  of  Orang^fc. 


Signed  by  ARTHUR  DOBBS,  Efq.  Governor. 
Jame9  Hasell,  Freftdtnt, 
Samubi.  Swann,   Speaktr,- 


132     1760, 


Arthur 


DcDBs.  Esq.    ^t  an  ASSEMBLY,  begun  and  held  at  Newbern,  the  T\yenty  fpunh  D{ 
"■  "  °^'  of  April,  in  the  Thirty-third  Year  of  the  Reign  of  our  Sovereign  Lorjl 

HGeprge  the  Second,'  by  the  Grace  of  God^  of  Great-Britain,  France,  am 
Ireland,  King&c.  and  in  the  Year  of  our  Lord  One  Thousand  Seven  Huj 
dred  and  Sixty:  Being  the  first  Scssipnpf  this  present  Assembly, 


CHAP.  I .  Ati  aSlto  eliaUiJh  inferior  cmrti  of  Fleas  mi  ^arter-Se/JionSy  in  thefeveral  counties  in  this  provincdy 

Mot    now    in   force. 

CHAP.  2.  An  aS  for  the  petter  care  of  orphans^  andfecurrty  ond  management  of  their  eflatef*  (a) 

P»ovided  for  by  aft,  1762,  5. 

CHAP.  3.  An  aBfor  dire£i\ng  the  method  oj  appointing  jur-jmen  in  allcaufesy  criminal  qnd  civif,    fXP« 


An  aEifor  e/lablifbing  veflries, 
An  aSifor  making  provfton  fof  an  orthodox  clergy,  (bj 


CHAP.   4<. 

See  note,  page  57. 

CHAP.    5. 

See  note,  page  57. 

CHAP.  6.       Ar}  (iSl  to  amend  and  improve  the  navigation  from  Howards  hay  in  fftw-river  in  Onflow  county  tp  Bear-Jn* 

let,    OBS, 


I  HE   TITLES    OFTUE   PRIVATE   ACTS, 


7  An  aft  to  confirm  an  agreement  n»ade  by  the  present  church- 

wardens and  vestry  of  Edgcomb  parish,  in  the  connty  of  ' 
Halifax,  with  the  Rev.  Mr,  Thomas  Burgess. 

8  Au  fift  for  enlarging  t'.ie  time  for  mspeflion  of  tobacco  %|C 


the  public  warehouse  in  t)ie  town  of  Halifax ;  for  in* 
creasing  the  salaries  of  the  inspeAors  of  the  said  ware- 
house; for  establishing  warehouses  in  the  county  of  Cumt 
l^erland;  aindior  gthe^  purposes  therein  mentioned. 


gkned  by  ARTHUR  pOBBS,  Efq^.  Governor, 
^  James  Hasell,  Preftdent, 

Samuel  Swann,  Steaker^ 
fa)  5wd by  pws  to h^ye b^jjp rcpe^ei.    f'*^Rep  — Dayis, 


2,176a.  133 


fit  an  ASSEMBLY,    begun    and  held   at  Newbern,    the   Twenty.founh  dobbs' gs, 
'    Day  of  April,  in  the  Thirty-third  Year  of  the   Reign  of  our  Sovereign  Governor/* 

Lord   GEORGE    the    Second,   by   the    Grace  of  God,    of  Great-Britain, 
j    France  and  Ireland,  King,  &c.  and  from  thence  continued,  by  Prorogation, 
]   to  the  Twenty-sixth  Day  of  May,  in  the  Year  of  our  Lord  One  Thousand 
I    Seven  Hundr-ed  and  Sixty:  Being  the  First  Session  in  this  present  As- 
sembly. 


An  aci/er  efl/Ali/btng  fuperior  courts  of  pleas  and  grand  fejjlonty   and  regu/htmg  tkf  proceedings  iherein.fa)       CHAP.   1,' 

Not  now  in  force.'' 
An  aBfor  repealing  an  aSI  therein  mentioned.  CHAP.  2. 

tTTTHEREAS  an  a£l  of  Aflembly,  intituled  «  An  a£l  to  prevent  malignant  and  infedious  diftempers 
af\  being  fpread  by  (hipping,  importing  diftempered  perfons  into  this  province,  and  other  purpofes," 
(S  bee9  reprefented  by  the  petition  of  Tundry  merchants  and  others,  and  is  found,  by  universal  experience 
i  be  greatly  prejudicial  to  the  commercial  intereft  within  this  province  : 

1 II.  Beit  therefore enaSled by  the  Governor,  Council  and  Aj/embly^  and  by  the  authority  of  the  famcy  T,hat  the  Aarcpeale*'] 
}d  recited  a£J:  and  each  and  every  cJaufe  theiein,  be,  and  is  henceforth  repealed,  and  declared  null  and 
^i<|. 

Signed  by  ARTHUR  DOBBS,  Efq.  Governs. 
James  Hasell,  Prefident. 
Samuel  Swamn,  Speaker. 

CaJ  Said  by  Davis'to  have  been  repealed, 
Vej..  I.  M  m 


234  3,1750. 


■wawilM*— !■■ » ill ' 


}Do]i'fii>,  Esq 
CoverAori 


t  atv  ASSEMBLY,  begun  and  held  at  Newberii,  the  Twenty-founh  B'^y 
of  April,  in  the  Thirty-third  Year  of  the  Reign  of  our  Sovereign  Lord 
GLOliGE  the  Second,  by  the  Grace  of-  Godi  of  Great-Britain,  France^. 

'  and  Ireland,  King,  &c  and  from  thence  continued,  by  several  Prorogati- 
ons, to  the  Twenty-sixth  Day  of  June,  in  the  Year  of  our  Lord  One  Fhou- 

.  sand  Seven  Hundred  and  Sixty,  to  be  then  held  at  WiUningjon«  Being  the- 
Third  Session  of  this  present  Assembly. 


g^.-.  t  ■     An  ac(  for  granting  an  a^d  to  his  Majf^y.'  ..,    •     •        / 

*  ^efirJiftxfeaiQm  oftUs  aBy  being  for  the  augmenting  of  the  forces  then  in  the  pay  mmprovtncet  (' 

were  to  he  in  payy  if  necefary,  till  the  frfi  of  December  folloiving)  I  prefume  had  their  efeSRf' 
l^OOO/  emit.       VII.      A   ND  whereas  there  is  not  money  in  the  public  treafury  to  anfwer  the    purpofes  atorela 
ted.     "  jf\   and  the  reduced  ftate  of  the  province  renders  it  impraaicable  to  raile  the  latwe  by  an^ 

mediate  poll-tax  ;  Be  it  enaBed  by  the  authority  afsrefai J,  Th^t  the  honourable  John  Swann,  andl^wis  E 
Roffett,  Efqrs.  and  Samuel  Swann,  and  John  Starkey,  Efqrs.  s»re  hereby  authorifed,  impowered,  and  r  _ 
q,uired  toftamp  or  .print  andmake  out,  or  caufeto  beftamped  or  printed,  and  alfo  to  fign  with  their  hand! 
T,        •    .•      public  bills  of  credit,  to  the  amount  of  twelve  thoufand  pounds,  at  the  rate  of  proclamation  money  ;  that. 
S™b?'°"  is  to  fay,  one  thoufand  of  three  pounds,  one  thoufand  of  two  pounds,  one  thoufand  of  thirty  ftiimgs,  tWi 
thoufand  of  one  pound,  two  thoufand  three  hundred  of  ten  {hillings,  four  thoufand  of  five  (hillings,  hvi 
thoufand  of  two  Ihilliags- and  eight  peace,  twenty-five  hundred  of  two  {hillings,  four  thoufand  ot  one  Ihil, 
ling,  four  thoufand  five  hundred  of  eight  pence,  two  thoufand  of  fix  pence,  and  two  thoufand  of  four  peno 
each  ;  and  (hall  receive  for  ftamping  orpirinting  and  making  out,  and  figning  the  fame,  two  p€r  cent,  ani 
no  more  :  and  that  the  aforefaid  John  Swann,  Lewis  De  RolTett,  Samuel  Swann,  and  John  Starkey,  that 
before  they  ftam^ ,  print,.«r,  fign  any  of  the  faid  public  bills  of  credit,  give  their  refpeftive  bonds,  wit 
fufficient  fecurity,  to  our  foV^eign  lord  the  king,  his.  heirs  and  fuccelTors,  for  the  ufe  of  the  provi"ce,  * 
the  fum  of  twelve  thoufand  pounds  each,  for  the  faithful  difcharge  of  the  truft  m  them  repofed  by  this  zU 
which  bonds  {hall  be  iodged  in  the  Secretary's  office.  ^  ^      r  n.        ^j 

Money  to  be         VIII.  ^nd  be  it  further  enacted  by  the  authority  aforefaid;  That  the  faid  bills  of  credit,  when  fo  ftamped  ( 
lodged  with  the  pxinted,  and  figned  as  aforefaid,  (hall  be  delivered  into  the  public  treafury  of  this  province  ;  that  is  to  la] 
treasurers.       f,^  thoufand  pounds  thereof  to  John  Starkey,  public  treafurer  of  the  Southern  diftrid,  and  the  other  J 
thoufand  pounds  to  Thomas  Barker,  public  treafurer  of  the  Northern  diftria  ;^and  (hall  be  applied  to  ^^* 
«ies  and  purpofes  by  this  adl  dire£led.  "  n  ^\\. 

Bi1h  a  lawW        IX.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  the'  faid  bills  of  credit  Ihall  be  current 
tei«ie»,  a  lawful  tender  mall  payments  whatfoever,  as  proclamation  money.  j-    aj' 

Treasurers  to       X    And  be  it  further  enacted  by  the  authority  aforefaid^   That  the  faid  public  treafurers,  when^diredted, 
pay  the  money,  til  the  fum  of  feven  thoufand  pounds,  by  this  aft  granted  for  raifirtg,  paying  and  fubfifting  the  compan 
on  the  govern-  aforementioned,  (hall  be  fully  paid,  {hall  make  payment  in  the  faid  bills  of  credit  to  fuch  perfon  or  perfl 
w  s  warrant.    ^  ^^^  governor  or  commander  in  chief,  by  his  warrant  or  warrants,  fhall  order  and  appoint  to  receive  1 

fame. 
To  be  account-  XI  Andhe  it  further  enacted  hy  the  authority  aforefaid.  That  the  perfon  or  perfons  who  fhall  receive 
ed  for  to  the  faid  fum  of  feven  thoufand  pounds,  or  any  part  thereof,  by  virtue  of  any  warrant  or  warrants,  (hall  acco_ 
Assembly.  ^-^^  ^^^  General  AlTembly  for  the  fame.  And  every  fuch  perfon  or  perfons,  before  receiving  ^e  faic 
money,  (hall  enter  into  bond,  with  good  and  fufficient  fecurity,  to  his  Majefty,  his  heirs  and  fucceflors.^it 
Kir'trSr  <*o"*'^^  ^^e  fum  he  {hall  fo  receive  ;  with  condition,  that  he  will  account  with  the  General  Affembly  toi 
bond.'  the  fum  or  fuma  he  ihall  receive  from  th«.faid  Tre*furers,/>r  either  of  them,  by,  virtue  of  fuch  warrant  i 


Vw'l^'ch  bond  flvall  be  tal<en  by,  and  lodged  with  tKa  treafuret  «fho  pays  fuchtnoney  :  and  In  cafe  of  a  br3.tcli  3,lT6Q.  135 
of  the  condUlnn  thereof,  may  be  put  in  fuit,:i»nd  a  judgment  being  obtained  thereon,  the  money  recovered  ,',*<*>#'>»• 
(hnU  be  applied  towarda  defraying  the  contingent  charsjes  of  government,  in  fuch  manner  as  the  Genftral 
AITembly  {hall  diveSfc,  and  to  no  other  ufa  whatfoever. 

XII.  And  be  it  further  enaBiedlj  the  authority  a/orfaUf  Thst  the  fald  fumof  feven  thoufand  pounds  fhall,  y'^Hjl'l^lJll, 
by  the  direftion  of  the  governor  or  commander  in  chief  for  the  time  being,   be  applied  to  the  particular  '^y,^i  to"contlKl 
purpoffes  by  this  ait  herein  before  directed,  if  neceflary  j  but  If  a  lefs  fym  (hall  be  found  fufficient  for  gendes  of  go- 
thc  fame,  the  fnrplus  fnall  bo  applied  towards  defraying  the  contingent  charges  of  government,   already  verr.rocnt. 
allowed,  or  which  fhall  hereafter  be  allowed,  by  the  General   Afiembly  ;  and  to  no  other  purpofe  v/hat- 
foever. 

Xlli.  And  for  the  greater  encouragement  of  perfons  as  fflall  inlift  voluntarily  to  ievre  in  the  faid  com-  Indian*  taken, 
panics,  and  other  inhabitants  of  this  province  who  (hall  undertake  any  expedition  againft  the  Cherokees,  '"  ^es-^ves. 
and  other  Indians  in  alliance  with  the  French  5  Be  it  further  enadied  h^  the  authoritj  ^crefaid.  That  crich  of 
the  faid  Indians  who  (hall  be  taken  a  captive  during  the  prefent  war  by  any  perfon  as  aforefaid,  (hall,  and 
ts  hereby  declared  to  be  a  flave,  and  the  abfolute  right  and  property  of  who  (hall  be  the  captor  of  fuch  In- 
dian ;  and  ihali  and  may  be  poffelTed,  pafs,  go  and'remain  to  fuch  captor,  his   executors,  adrainiftrators 
and  a(rjgns,  as  a  chattel  perfonal :  and  if  any  perfon  or  perfons,  inhabitant  or  inhabitants  of  this  province,  p^.^^.^,^  ^^^. 
not  in  actual  pay,  (hall  kill  an  enemy  Indian  or  Indians,  he  or  they  (hall  have  and  receive  ten  pounds  for  ni,-,ng  ^^^'^^ 
each  and  every  Indian  he  or  they  (hall  fo  kill  j  and  any  perfon  or  perfons  v/hp  (hall  be  in  the  actual  pay  Indians, 
of  this  province,  (hall  have  and  receive  five  pounds  for  every  enemy  Indian  or  Indians  he  or  they  (hall  lb 
kill  ;  to  be  paid  out  of  the  Treafury  .•  any  law,  ufage  or  cuftom  to  the  contrary  notwithltanding. 
C  XIV.  Provided  ffkiffly^.  That  any  perfon  claiming  the  faid  reward  before:  he'be  allowed  or  paid  the  fame,  ^T^:^^^^^°^ 
fhall  produce  to  the  AlTembly  the.  fcalp  of  .every  Indian  fo  killed,  and  make  oath,  or  otherwife  prove  that 
he  was  the  perfon  who  killed,  or  was  prefent  at  the  killing  the  Indian    whofe  fcalp  (hall  be  fo  produced  •, 
ind  that  he  h^tii  not  before  had  or  received  any  allowance  from  the  public  for  the  fame  :  and  as  a  further 
encopr^ement,  (h«U  aifohave,  and  keep  to  his  or  their  own  ufe  or  ufes,  all  plunder  taken  out  of  the  pof- 
felTion  of  any  enemy  Indian  or  Indians,  or  within  twenty  miks  of  any  of  the  Cherokee  tovms,.0T  any  Indi- 
^ij  town  at  war  with  any  of  his  Majefty's  fubje£ls.  • 

XV.  Jndie  it  further  enaaed  by  the  authority  ^/^r^H  Tfi^t"  two -thoufand  pounds,  of  the  remainder  of  ^^^^^^'^^^^^' 
die  aforefaid  twelve  thoufand  pounds,  (hall be,  and  is  hereby  appropriated  to  and  for  the  payment  of  the  \^IJ^^^\Z^' 
aforefaid  rewawls,  tofuch  perfon  and  perfons  as  by  killing  any  of  ths  aforefaid  Indians,  (hall  be  mtitled  to  Indians  killed. 
wceiv^B  the  fame  \  but  if  a  lefs  fum  (hall  be  found  fufHcient  for  the  faid  purpofe,  the  furplus  fhall  be  ap- 
plied towards  paying  the  feveral  creditors  of  the  public  fuch  claims  as  already  have  been,  or  (hall  be  allowed 

by  the  General  A(rerably.  and  npt  to  any  other  purpofe  ;  and  the  refidue  of  the  faid  twelve  thoufand  pounds, 
is  hereby  appropriated  to  and  for  the  payment  of  the  debts  of  the  pubUc, .  chargeable  on  the  contingent, 
fund,  and  (hall  not  be  otherwife  applied. 

XVI.  Andbeitfurthei  tnaBedbythe  authority  afarefaid, 'VhAtii  arty  perfon  fh^ll  forge  or  counterfeit  any  1^^^^^°^^ 
t>f  the  faid  bills  of  credit,  or  (hall  pafs  or  utter  the  fame  in  payment  or  exchange,  knowing  the  fame  to  be  J^^" 
forged  or  eoi^titerfeited,  the  offender  therein  being  lawfully  convicled,  (hall  be  ^djydged  a  felon,  and  fuffer 

as  in  cafes  of  felony,  without  the  benefit  of  clergy. 

XV  H'  And  for  redeeming  tlie  faid  public  bills  of  credit;  Be  itmoMed  hythfi  atfthorltf  aforefaid.  That  a  ^f^^g'JjoToL 
poll-tax  of  one  (hilling,  be  laid  on  every  taxable  perfon  within  tins  province,  to  commence  on  the  firfl  day 
«f  January,  one  thoufand  fevetf  hundred  and  (ixty  three,  and  to  continue  until  the  whole  fum  to  be  emit- 
ted by  this  a£t  (hall  be  paid  in  and  burnt ;  which  faid  tax  (hall  be  collefted  by  the  Sheriffs  of  the  feveral. 
counties  and  accounted  for  and  paid  to  the  Treafurers  of  the  feveral  diftridis,  in  the  fame  manner,  and 
Under  the  like  pen^Iti^;^,  as  *»r,e  by,  law  direded  fcHr  the  cplle(^ing,  accounting  for,-  and  paying,  other  ^ubfe- 
taxe$i 

^n  aH  for  oppointittg  a  tnilkia.    E«P.  chap.  % 

Signed  by  ARTHUR  DOBBS,Efq,  Gm*'/w. 

James  IIasell,  Prefident: 
Samuel  S^r^^-Hy  Speaker*' 


136  4-,  1760. 


^UftWMnJL^lMJ 


wm^wBmKmmmm)* 


Am  HUP. 
DoBBS,  Esq. 


At  an  ASSEMBLY,  begun  and  held  at  Newbern,  the  Twenty-fpurth  Day 
of  April,  in  the  Thirty-third  Year  of  the  Reign  of  our  Sovereign  Lord 
GEQRGE,  the  Second  by  the  Grace  of  God,  of  Great-Brhain,  France  and 
Ireland,  King,  &c.  and  from  thence  continued,  by  several  Prorogations, 
to  the  Thirtieth  Day  of  November,  in  the  Year  of  our  Lord  One  Thousand 
Seven  Hundred  and  Sixty,  to  be  then  held  at  Wilmington :  Being  the 
rpurth  Session  of  this  present  Assembly. 


CHAP.   1.        /InaB  to  regulate  eleBionsfor  numbers  to  ferve  in  the  General  AJfembly,   and  ta  a/certain  who  (hall  he  qualifiei 
Provided  for  by       to  vote  at  the /aid  eleBionty  or  to  be  elehed  a  member  of  the  General  Ajpmbly ;  and  to  direct  iht  method  to  bg 
cbfet  ved  in  taking  the  poll  at  the  fever  al  elections  in  the  counties  and  towns  in  this  province, . 


subsequent  adlr. 


Pitt  creaed. 


CHAP,  2,       An  act  for  obtaining  an  exact  lift  oftaxaUeSy  -and  for  the  effectual  collecting  all  taxes  for  the  future  due  and  pay* 
Provided  for  by  able,  and  Other pu rpofes  therein  mentioned. 

subsequent  afls, 

CHAP.  3.  jin  act  for  erecting  the  upper  part  of  Beaufort  county  into  a  county  andparilhyby  the  name  of  Pitt  county^  and  1 
S/.  Michael's  parijh  ;  and  for  adjourning  the  court  form  the  ceurt-hcufe  en  the  land  of  Thomas  Bonner,  t^  \ 
the  Court-houfe  in  Bath  Town  ;  and  other  purpofes  therein  mentioned. 

WHEREAS  the  large  extent  of  the  county  of  Beaufort  renders  it  grievous  and  burthenfome  to  the 
inhabitants  thereof  to  attend  the  courts,  general  mtifter?  and  other  public  meetings  appointed 
therein :  •  '  _ 

II.  Be  it  therefore  enacted  by  the  Governor^  CvuncHy  and  ySffembly,  and  by  the  authority  of  the  fame y  That 
from  and  after  the  firft  day  of  January  next,  the  upper  part  of  the  faid  county  of  Beaufort,  beginning 
at  the  line  between  the  faid  county  and  Tyrrel,  running  fouth  fouth-weft  to  Cherr/s  run,  where  the 
main  road  crofles  the  faid  run ;  thence  down  the  faid  run  to  Trantei's  creek  ;  thence  down  the  fai^ 
creek  to  Pamplico  river  ;  thence  down  the  faid  river  to  the  Fork  Point,  on  the  fouth  fide  of  faid  river  j 
thence  up  Chocowinity  bay  and  creek  to  the  head  thereof;  thence  fouth  fouth-weft  to  the  dividing  line 
of  the  faid  county  and  Graven  %  thenc?  along  tlie  dividing  lines  of  Craven,  Dobbs,  Edgcomb,  and'  Tyr- 
rel ;  fo  that  all  that  part  of  Beaufort  county  to  the  weftward  of  Cherry's  run,  Ghocowinity  bay  and  creek, 
fhall,  and  is  herebv  declared  to  be  a  feparate  county  and  patifh,  and  fliall  be  cal'ed  and  known  by  the 
name  of  Pitt  county  and  St.  Michael's  parifh,  with  all  and  every  the  rights,  privileges,  benefits  and  ad- 
vantages, whatfoever,  which  ?ny  other  county  or  parifti  within  this  province  can^  fliall,  or  may  lawful- 
ly hold,  ufe,  or  enjoy.  * 

The  remaining  fictions  are  of  a  private  qr  a  temporary  nature,  orfiich  (is  arenttnoip  materialy  and  therefore 
omitted. 

An  aSt  to   empower  th«  inhabitants  offeveral  parifhes  within  this  province,  that  have  m  legal  veflry  within 

their  refpeclive  parifhes y  to  meet  and  elect  vejlries. 

An  aB  to  amend  an  acly  entitled,  «« An  aft  for  the  relief  of  fvph  p^rfons  as  have  fufFered,  or  may  fuffer,  by 
not  having  had  their  deeds  and  mefne  conveyances  proved  and  regiftered  within  the  time  heretofore  ap- 
pointed for  fuch  purpofes,  and  prevent  difputes  and  law  fuits  concerning  lands." 

WHEREAS  by  the  aforefaid  aft  any  perfon  or  perfons  having  deeds  or  mefne  conveyaiices  within 
in  this  provice,  were  p»  regifter  the  feme  within  eighteen  months  after  paffing  the  faid  law,  an* 


CHAP. 

See  note 

57. 

page 

CHAP. 

6. 

Ante,  p 

118. 

many  perrons,  through  want  of  Icnowkig  the  faid  law,  have  negleSed  to  have  their  deeds  or  mefne  con-  4,1760. 1$7 
veyances  regifter«d  according  to  the  purport  thereof ;  For  remedy  whereof.  V>^*v%^ 

II.  We  pr?y  it  maybe  enafted.  And  be  it  enaSfedby  the  Governor ^  Council,  and  Affembly,  and  by  the  au-  Deedj  register- 
thotity  of  the/ame.  That  all  deeds  and  mefoe  conveyances  of  lands,  tenements,  and  hereditaments,  not  al-  «dw"r  hints 
ready  Tegiftered,  acknowledged,  or  proved,  .fhall  and  may,    within  eighteen  months .  after  the  paffing  ™°'^  '* 

this  a£b,  be  acknowledged  by  the  grantor,  their  agents  or  attornies,  or  proved  by  one  or  more  of  the  fub- 
fcribing  w^tnefles  to  the  fame,  and  tendered  and  delivered  to  the  regifters  of  the  counties  where  fuch  lands, 
tenements,  and  hereditaments,  refpe£lively  Jay  ;  and  all  deeds  and  niefne  conveyances  whatfoever,  which 
(hall  be  acknowledged  or  proved  according  to  the  directions  of  this  aft,  and  alfo  fuch  as  have  been  here- 
tofore recorded  by  the  clerk,  or  regiftered  by  the  regiiter  of  any  precinft  or  county  wherein  the  lands 
or  tenements  mentioned  in  the  fame  lie  or  are  Htuate,  though  not  within  one  year  after  the  date  of  the 
refpeftive  .conveyances,  (hall  be  good  and  valid  in  law,  and  f\\z\\  enure  and  take  effeft  as  fully  and  ef- 
fedually,  to  the  ufe  and  behoof  of  the  grantee,  their  heirs  and  afligns,  and  thofe  claiming  under  them, 
as  if  fuch  deeds  and  conveyances  were  acknowledged,  or  proved  and  regiftered,  agreeable  to  the  direc- 
tions of  any  aft  of  Aflembly  heretofore  made. 

III.  And  be  it  further  enaBed  by  the  authority  aforefaidy  That  every  Sheriff  withi«  this  province  fliall,  on  Sheriff  to  read 
the  fecond  day  of  eyery  inferior  court  of  the  county  whereof  he  is  iheriff,  read  this  i£k.  at  the  door  of  '***  **• 
Court-houfei  immediately  aft^r  th?  fitting  of  the  court. 


An  a9  to  amend  and  continue  an  afft  tntitledt  An  aft  for  appointing  a  militia*    exp. 


CHAP.  7, 


4tt  oSifor  continuing  James  Davis  printer  to  this  province,     ext. 


CHAP.    12. 


,4|»  oB  to  continue  an  act^  entitled f  An  a£t  for  the  jreftraint  of  vagrants,  and  for  making  ^ovifion  for  the  CHAP.  13; 

poor,  and  other  purpofes.    exp, 

THE   TITLES   OF   THE   PRIVATE   ACTS. 


■4  An  z&  for  altering  the  times  ef  holding  the  inferior  court  of 
pleas  ano  quarter  cessions  in  the  county  ot  Chowan- 

ft  An  aii  for  raismtr  money  by  a  lottery  towards  finishing  the 
churehrs  at  vVilmington  and  Oruns wick ;  and  for  apply- 
in?  the  ftoduce  of  the  slaves,  and  other  effefls  taken 
from  the  Spaniards  at  Cape-Fear,  in  tVe  Year  of  oqr 
Lord  one  thcusand  seven  hundred  and  forty  •eight,  to  the 
same  purposes. 

4  An  a^for  establis^oga  lownonthe  lands  of  Joseph  Howell. 


on  Tar  river. 

10  An  a&  to  amend  an  aA.  entitled,  an  aA  for  the  better  regula* 

tion  ef  the  town  of  Newbern,  ai\d  for  secnring  the  title* 
of  persons  whn  hold  lots  in  the  said  town,  pas^ed  the 
thirtieth  day  of  September,  one  thousand  seven  hundred 
and  iitty-six. 

11  An  aA  for  destroying  croirs,  blackbird*,  utd  s^uirreli,  in 

the  county  of  Hyde- 


Signed  hy  ARTHUR  DOBBS,Efq.  Governor. 
James  Hasell,  Prudent, 
Samuel  Swamm,  Speaker, 


^•U  V 


Nn 


13S     1761. 

arthu.  ^  j^t  an  ASSEMBLY,  began  and  held  at  Wilttimgton,  ttie  Twefttiefh  Day  of 
Governor/^'  March,  in  the  I'irsi  Year  of  the  Reign  of  our  Sovereign  Lord  GEORGii 
the  Third,  by  the  Grace  of  God,  of  Great-Britain,  France  and  Ireland, 
King,  Defender  of  the  Faith,  he.  and  in  the  Yeirof  our  Lord  One  Thou- 
sand Seven  Hundred  and  Sixty-oiie  :  Being  the  First  Session-  of  this' pre- 
sent Assembly. 


CHAP.  1.  An  actfir  gyoKiwg  to  h'u  Mnjejly  an  aid  oftivmty  thoufand pounds  proclamation  mone^,  for  rtt'/tng,  (loathing,  and 
papngifive  hundred  tfective  ineny  exvlufive  oj  officers  ',  to  be  employed  as  his  Excellency  the  General  or  comman- 
der in  chief  of  his  M.fjl/s  fmces  in  Am-.rica  or  his  Excellency  the  Governor  or  commander  iA  chief  of  this 
provtnc'ipall  dired:  or  appoint  }  fo^  paying  and fuhffiiitg  fijty  men  and  officers  now  in  garrifvn  \  and  for  ap- 
pointing an  agent  to  rtprcftttto  his  Majejfy  and  his  minflers,  the  loyalty  and  the  dutiful  behavidut'ofthe  inha- 
bitants of  this  provincCi  and  thtir  zeal  for  his  Majeflf  s  fervice  ;  andaljoy  to  lay  before  his  Maj  fly  and  his  rnini-^ 
fers  proper  documents  of  the  charges  and  expends  this  prtivi nee  hath  been,  or  ^all  be  at,  in  his  Maj  flf  ifer- 
vice,  during  theprefent  w^r  ;  and  to  fslicit  the  affairs  of  this  province  at  the  feveral  boards  in  England:  and 
other  purpofs. 

{The  frfl  eight feBions,  providing  for  raifmg  andfuhfijling  troops,  to  be  in  pay  for  a fhort  period,  {vis.foffeven 
months  after  the  firfl  of  M.y  follotuing,  if  necejfary,)  and  making   regula  ions   accordingly,,  are  emitted,    as 
immat  rial  to  he  inferfed.'] 
SO.OCOl.  bJl'cf      IX.      A    ND  whereas  there  is  not  money  in  the  public    tteafury  to  anfwer  the  purpofes  aforefaid,  and 
credit  e:?*kttjd.  Jl\    ^^^  reduced  State  of  the  province  renders  it  impraiSii cable  to  raife  the  fame  by  an  immediw 

ate  poll-tax  f  Be  it  emoted  by  the  authority  aforefaid,  That  the  Honourable  Jc^m  Swann,  Lewis  De  Roflett, 
Efqrs.  Samuel  Swann,  and  John  Starkey,  Efqfs.  are  hereby  authorifed,  inipowered  and  required,  to  ftamp 
or  print,  and  make  out,  or  caufe  to  be  damped  or  printed,  and  alfo  to  fign  with  their  hands,  public  bills  of 
credit,  to  the  amount  of  twenty  thoufand  pounds,  at  the  rate  of  proclamation  money ;  that  is  to  fay,  one 
tlioufand  three  pound  bills,  one  thoufand  forty  {hilling  bills,  one  thoufand  of  thirty,  fix  thoufand  five  hun- 
dred and  fix  of  twenty,  three  thoufand  of  fifteen,  three  thoufand  of  ten,  three  thoufand  of  five,  two  thou- 
fand feven  hundred  and  twenty  of  four,  three  thoufand  of  three  fhillings,  three  thoufand  of  two  (hillings, 
and  fix-pence,  five  thoufand  of  two  ftiillings,  five  thoufand  of  one  fhilling,  five  thoufand  of  eight  pence, 
five  thoufand  of  fix  pence,  and  five  thoufand  of. four  penny  bills  j  and  fhall  receive  for  ftamping  or  prini- 
tingj  making  out,  and  figning  the  fame^two  per  cent,  and  no  more.  And  the  faid  John  Swann,  Lewis  De 
Roffett,  Samuel  Swann,  and  John  Starkey,  Efqrs.  {hall,  before  they  flamp,  print,  or  fign  any  of  the  faid 
public  bills  of  credit,  make  oath,  before  fome  Magiftrate  within  this  province,  that  they  will  Well  and  truly 
execute  the  truft  in  them  repofed  by  virtue  of  this  a£l  v  and  give  their  refpeftive  bonds,  with  fufficient 
fecurity,  to  our  fovereign  Lord  the  king,  hiS  heirs  and  fuccelTors,  for  the  ufe  of  this  province,  in  the  fum' 
of  twenty  thoufand  pounds,  each,  for  the  faithful  difcharge  of  the  tru{l  in  them  repofed  by  this  aft  ;  which; 
bond  {liall  be  lodged  in  the  Secretary's  oflRce. 
Delivered  into  X.  And  be  it  further  enailed  by  the  authority  aforefaid,  That  the  faid  bills  of  credit,  when  fo  ftamped  or 
the  tieasurjr.      printed,  and  figned  as  aforefaid,  (hall  be  delivered  to  John  Starkey,  Efq.  public  Treafurer  of  the  Southern 

diftvia  ;  and  fliall  be  by  him  applied  to  the  ufes  and  purpofes  by  this  zO:  dire£ied^ 
Current  in  all         XI.  And  be  itfurtker  enacted  by  the  authority  aforefaid.  That  the  bills  of  credit  to  be  emitted  by  this  a£l:, 
raiments,  &c    fljall  be  Current,  and  a  lawful  tender  in  all  payments  whatfoever  as  proclamation  money. 
Trmsiirer  to         XII.  And  be  it  further  enaBed  by  the  authority  aforefaid.  That  the  faid  public  Treafurer,  when  dbedled, 
tov*^'^"!^' fi*  (""t>l  ^^^  f""^  of  twenty  thoufand  pounds  by  this  aft  granted  for  paying  and  fubfi{ting  the  aforemention- 
»l>7"i»"tr"'''    ^^  reginr.ent,  and  the  faid  fifty  men  and  officers  now  in  gaxrifon,  (hall  be  fully  paid}  Ihall  makef  a^ment 


in  the  faid  bills  of  credit  to  fueh  perfon  or  perfons  as  the  Governor  or  Commander  in  Chief  by  his  warrant    1 T6 1    1  "9 
fiiall  order  and  appoint  to  receive  the  fame.  i^-L...Jj    ^ 

XIII.  And  be  itfitrther  enacted  by  the  authority  afire/aid,  That  the  perfon  or  perfons  who  fhall  receive  the  Persons  receV- 
faid  fum  of  twenty  thoufand  pounds,  or  any  part  thereof,  by  virtue  of  any  fuch  warrant  or  warrants  (hall  '"Sthe  same  to 
account  with  the  General  Aflembly  for  the  fame  ;  and  every  fuch  perfon  or  perfons,  before  receiving  the  l'"^*""*'"^^' 
faid  monies,  fhall  enter  into  bond,  with  good  and  fufficiertt  fecufity,  to  his  Majefty.  his  heirs  and  fueceffor^ 
in  double  the  fum  or  fums  he  fliall  receive,  with  condition,  that  he  will  account  with  the  General  Aflem- 
bly for  th6  fum  or  fums  he  (hall  fo  receive  from  the  faid  Treafurer  by  virtue  of  fuch  warrant ;  whi^h  bond 
ihall  be  takeri  by,  and  lodged  iVith  the  Treafurer  ;  and  in  cafe  of  a  breach  of  the  condition  thereof,  may 
be  put  iri  fuit,  and  judgment  bfeing  obtained  thereon,  the  money  recovered  fliall  be  applied  towards  de- 
fraying the  contingent  charges  of  government,  in  fuch  manner  as  the  governor,   council,  and  Affembly 
(hall  dire£l,  imd  to  rio  other  ufe  whatfoever.  ''* 

^XIV.  And  be  it  further  enaaed  by  the  authority  aforefaid.  That  the  faid  fum  of  twenty  thoufand  pounds  Surplus  apnUed 
Ihall  be,  by  diretlion  of  the  Governor  or  commander  in  chief  for  the  time  being,  applied  to  the  particu, 
lar  purpofes  by  this  ad  herein  before  direaed,  if  neceflary  ;  but  if  a  lefs  fum  ftiould  be  found  fufficient 
for  the  fame,  the  furplus  fliall  bcf  applied  towards  defraying  the  contingent  charges  of  government,  already 
allowed,  or  which  fliall  be  hereafter  altowed  by  the  Governor,  Council,  and  Aflembly,  and  to  no  other 
purpofes  whatfoever. 

.    ^^V "^li ^'  '.^f"''^^"' ""^^^^  ^y  \^'  authority  qforefaid, That  each  able  bodied  man,  enlifting  voluntarily  Colonel alo^-ed 
m  the  faid  fervice,  as  foon  as  may  be  after  enlifting,  fliall  be  properly  cloathed  ;  for   which  expence  of  ^'^^ '^I'-ai'^n^- 
cictathing;  and  fiirnifliing  e'ach  fdldief  with  a  blanket,  the  Colonel  fliall  have  an  allowance,   not  exceeding 
fix  pounds  a  man.  " 

XVT.     And  be  it  further  enacted  by  the  authority  afore/aid,  thit  If  any  perfon  fliall   forge  or  counterfeit  Penalty  on 
any  of  the  above  mentioned  bills  of  credit,  of  fliall  pafs  or  utter  the  fame  in  payment  Or  exchange,  know-  counterfei.ins 
ing  the  fame  to  be  forged  or  counterfeited,  the  offender  therein,  being   lawfully  convided,  fhall  be  ad-  **"'• 
judged  a  felon,  and  fuffer  as  in  cafes  of  felonyj  without  benefit  of  clergy, 

^  XVIt.  And  be  it  further  enaEledby  the  authority  aforefaidy  That  for  redeeming  the  faid  public  bills  of  cred-  Poll  tax. 
U,  a  poll  tax  of  two  fliillings,  proclamation  money,  be  laid  on  every  taxable  perfon  within  this  province 
to  commence  on  the  firft  day  of  January,  which  fliall  be  in  the  year  of  our  Lord  one  thoufand  feven  huni 
dred  and  fixty-four,  and  to  continue  until  the  whole  fum  to  be  emitted  by  this  ad  fliall  be  paid  in  and 
jtMrntl  Which  faid  tai  fliall  be  colleded  by  the  flierifl=s  of  the  feveral  counties,  and  accounted  for  and 
baidtothetreafurers  ofthefeveraldiftrias,  in  the  fame  manner,  and  under  the  like  penalties,  as  are 
ipy  law  direded  for  the  colleding,  accounting  for,  and  paying  other  taxes. 
j     The  remainivgfeHions  of  this  ad^for  appointing  an  agent,  expired. 

Mfioa  for  ufi  additional  aSf  to  an  aByentitledy  An  a(ft  to  make  proviflon  for  paying  the  Chief  Juftlce  and  chap    2 
h  Attorney-General's  falaries,  and  defraying  the  contingent  charges  of  government,     exp.     ' 

L 

fn  aS  to  empower  the  inhabitants  of /ev.'ral  parifhes  within  this  province,  thai  have  no  legal  vtlity  chap    ^ 
I  within  their  refpeaivepartpies,  to  meet  and  eUav^pri<s.  See  note.  p.  5r. 

^na&  to  appoint  cemmijjioners  to  further  improve  and  aynend  the  navigation  ef  New  River,  in   On'  chap    4> 
j  flow  county,  to  raife  a  fund  by  way  of  lottery,  to  defray  the  expence  thereof,     obs.  ' 

h  a6l to  amend  and  inlprovt  the  navigation  Jrom  Currituck  Inlet  through    the  diflriB  in  Curtituch  chap    5 

county,  to  Albemarle feunA.    oBS.f'aJ  '     '- 

r  'jfl/°Y^^"iH  ^^«  '«'»"  of  holding  thefupetior  eourt  of  pitas  and  grand  Jessions  for  the   difriB  ^hap    7 

C.rZ.      '  T/  ""^A  ^^'  '"-^'"/''  '^"'"''^  ^Z^^'**'  """"^  quarter  fessions  in  the  counties  of  Orange  and  The  cJurt  \y,. 
m  Carteret;  and  for  other  purpofes.  **  ten,  siace  alter. 

«d, 
(aj  Said  by  Dftyia  t«  kayc  been  repeal** 


^^V-^  Rtp.  1767,  6-  7*''#»  '»«''  '"*"^  ojjictrs. 

.«.d  »  John.  ,!,«  p,tt  of  Orange  county  lying  on  «»"f=  ™'' ?!uie  cottoty,  .nd  innmng  thence  a  due  footh.courft 

trie    J°5"ft°"  r°'J^^r,«  .r*fte^l^atd  ul^^^^^  oLrs,  and  .axes.  I  any  other  of 

A^itUtttT'SSldtunl,^^^^^^^         hereafter  be  fubjeft  or  liable  to  >  an,  law,  ufase  o.  c«fto„. 
to  the  contrary  notwithftanding. 
Ibe/txtbfeSlion  private, 

,    r        I  r  .    •  ^  .^A  ;«AW«t.  rnurtt  within  this  brvoinee  ta  ainut  a  c^^  of  the  lafi  v)Ul 
THE   TITLES   OF  THE   PRIVATE   ACTS. 

.    .r-          -    f,,u,«,nrfonarter  set.  10  An  aa  for  amending  an  aft,  entitled.  "  A«  »afgr  dWidtnt 

«  An  aa  to  impower  the  infenor  court  of  pleas  ^y'^f^*^^  "*  ***  ^^  jj,g       jsh  cf  St?John.  in  Granville  county." 

siqns  for  the  county  of  No.ihai^pton.  to  '^X  f  «^/°  P!?.  12  An  aft  i or  enlwgirg  the  time  for  insptaion  of  tobacco  at  thf 

sundry  persons  «hohave  suffered  ^y  the  burning  of  l,ace«  W  An  »^^,  °'.^^^^p^,*  ;„  ^be  town  of  Tarborough.in  the  coim. 

warehouse  in  the  said  county :  and  other  pun^oses.  »         £d„econib,  and  for  encreasiog  the  claries  of  th« 

8  An  aa  for  building  a  court-house  m  the  town  °f  Newbern,  for  .'^°  ^orf  the.eof. 

the  county  of  Craven,  for  raising  a  tax,  and  *«' aPP"^^-  , „  a„  aa  to  apwint  commissioners  of  the  roadi  for  a  certai* 

ing  commissioners  for  building  the  same:  and  for^epeal-  ^^  ^"^  f^^f^f^'l^^^^^^^^^^y.                    > 

ing  an  aA  passed  at  Wilmington  «»'«.  20«h  d,ay  d^Novem-  ^'^'f^Xk  he  entail  of  certain  lands  therein  mentione^. 

beV.  1759.  entitled.  An  art  fw  appomtmg  com/nws^neM  IS  An  aa  to     ^^^  ^^^  ^.          ^^^^^^^  .^  q,^^^  B^ker,  and  f«. 

for  finishing  the  court  house  already  begun  inuje  to.wn  w  cettline  other iands  m  \icuAhewof  to  the  same  uses. 

Newbern  i  and  for  other  purposes.  =>«^  •   »• 

Signed  by  ARTHUR  DOBBS,  Efq.  Governor 
James  Hasel^,  Prefident. 
Samuel  Swann,  Speaker. 

Read  thiee  times  and  ratified  in  open  Assembly,  the  23d  day  of  April,  1761. 


1Y62.   Ul 


At  an  ASSEMBLY,  begun  and  held  at  Newbcrn,   the  Third  Day  of  No-  arth^r^^ 
vember,  in  the  Third  Year  of  the  Reign  of  our  Sovereign  Lord  GEORGE  co^mor/'^' 
the  Third,  by  the  Grace  of  God,  of  Great-Britain,  Erancc  and  Ireland, 
King,  Defender  of  the  Faith,  &c.  and  in  the  Year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  Sixty-two  :  Being  the  First  Session  of  this  present 
Assembly. 

^n  aSf for  dividipg  this  province  into  five  feveral  diftriBSi  and  for  ejiabli/hing  a  fupertor   court  of  juftice  m  CHAP.  IJ 
eachofthefaiddtliriast  end  regulating  the preeeeditigs  therein,     exp. 

\fyiaB  to  efiaililh  inferior  court$  of  pleas  and  quarter  Jejftons  inthefeveral  counties  in  this  province.     EXp/a^  CHAP.  2,    . 

fin  aB  to  empower  the feveral  inferior  court  s  of  pleas  and  quarter  fijfions  to  try  all  caufes  commenced  in  the  late  CHAP.  S; 
inferior  courts y  inhere  the  debt^  damage^  or  thing  Jued for ^  does  not  exceed  fifty  pounds  y  procUmaiion  mo' 
ney,     EXP. 

An. aSldirfBing  the  method  of  appointing  jurymen  in  all  eaufeSi   eriminal  and  civil,    exp.  chap.  4. 

^  '  See  page  77,  ««>'«  o''  «=*>•  *• 

jin  aSl  fir  the  letter  care  of  orphans^  andfecurity  and  management  of  their  eftates.(b)  CHAP.  5. 

WHEREAS  the  greateft  part  ofwtheeftates  in  this  province  belonging  to  orphans  are  of  fo  inconfi-  Vol.  2,  45,  55, 
derable  value  that  an  appliciition  to  the  court  of  chancery,  in  many  inftances,  will  occafion  an  ex-  ^jL'J'^'  **^' 
pence,  which  the  profits  of  them  are  not  fufEcient  to  defray  ;  and   it  having  been  found  by  experience, 
that  the  court  of  each  r^fpefiive  county,  exercifing  the  power  of  regulating  the  education  of  orphans,  and 
the  management  of  their  eftates,  have  proved  of  Cngular  fervice  to  them. 

II.  Be  it  therefore  enaBed  by  the  Governor y  Ccuneily  and  ylfftmhly^  and  lythe  authority  of  the  fame^  That  FatWe rmay  dis." 
where  any  perfon  hath,  or  ftiall  have  any  child  or  children  under  the   age  of  twenty-one  years    and  not  P^se '>f 'li*  c«s. 
married,   it  fliall  and  may  be  lawful  to  and  for  the  father  of  fuch  child  or  ch'ldren,  whether  born  at  the  of  children, 
time  of  his  death,  or  in    ventre  fa  mere,  or  whether  fuch  father  be  within  the  age  of  twenty-one  years, 

or  of  full  age,  by  deed  executed  in  his  lifetime,  or  by  his  lafl  will  and  teftament  in  writing,  in  fuch  man- 
ner, and  from  time  to  time,  as  he  (hall  think  fit,  to  difpofe  of  the  cuftody  and  tuition  of  fuch  child  or 
cliildren,  for  and  during  fuch  time  as  he,  fhe  or  they  (hall  remain  under  the  age  of  twenty-one  years,  or 
\  for  any  lefs  time,  to  any  perfon  or  perfons  other  than  the  people  called  Otiakers,  and  Popifh  recufants  : 
I  and  every  fuch  difp ofition  heretofore  made,  or  hereafter  to  be  made,  (hall  be  ^c^^  and  effetf^ual  againft 
I  all  and  every  perfon  and  perfons  clairming  the  cufVody  and  tuition  of  fuch  child  or  chiWren  as  guardian,  in 
i  fcccage,  or  otherwife  ;  and  the  perfon  or  perfons  to  whom  fuch  cuftody  and  tuition  hath  been,  or  fhaH  Authonty  of 
I  be  (odifpofed  or  devifed,  fhall  and  may  maintain  an  aG:ion  of  raviflment  of  ward  or  trefspafs  againft  any  g""d'a"» 

perfon  or  perfons  who  (hall  wrongfully  take  away  or  detain  any  fuch  child  or  children,  for  the  recovery 
I  of  fuch  child  or  children,  and  fhall  and  may  recover  damages  for  the  fame  in  the  faid  a£lion,  with  cofts, 
I  for  the  benefit  of  fuch  child  or  children. 

III.  Pro^nded  neverthelefsy  That  nothing  in  this  afl  contained  flail  be  cor  P  rued  to  hinder  any  of  the  Proviso  for 
1    people  commonly  called  Quakers  to  make  fuch  diffofition,  or  to  hinder  the  fuperior  or  inferior  ccurts  Qpakers* 

!    from  committing  the  guardianfhip  and  cuftody  of  their   children  to  the    people  of  that  perfuafion  ;  and 
1  that  evei-y  perfon  or  perfons  to  whom  fuch  tuition  and  cuftody  hath  been,  ot  fliall  be  fo  difpofed  or  de- 

(a)  Dpvis.    (bj  The  origjtisfafl  I  have  not  been  able  to  firrl,  aodiherefore  the  transciipt  is  literally  from  Davis'scopy. 
Vol.  I,  Oo 


142   1762.    vifecl  as  aforefaid,  Ihall  and  may  take  into  his  or  their  pofTefiion,  for  the  ufe  of  fuch  chilJ  or  children, 
<,*<'-v-«nJ  the  proSts  of  all  lands,   tenements,  and   hereditaments  ;    and  alfo  the  flaveSr  goods,  and  chattels,  anj 
perfonal  eflate  of  fuch  child  or  children  ;  and  may  briiig  fuch  £J<3;ion  or   a<fli;jas  in   relitioii  tliereunto,  as' 
by  la'.v  a  guardian  in  common  foccage  might  do. 
^ot  to  dis-  iv.   Previdedaltvajs,  That  nothing  herein  before  contained  fliall  extend  fo  difcharge  any  apprentice" 

tices^*  ^PP""^"-  ixoca  his  apprenticefhip  i  and  the  fuperior  court  of  the  dillri£il,  or  the  inferbt  court  of  pleas  and  quarter 
fefRons  of  the  county  wherein  fuch  guardian  Ihali  refidfc,  refpe:3:ively,  upon  Coiripbint  to  tbeiiii  made  of 
Courts  to  inter-  fvich  guardian  abuling  the  trull:  repofed  in  him,  by  mifuiing  the  child  or  children   fo  committed  to  his  tai-  : 
fere  where  a     tion  33  aforefaid,  in  being  about,  or  intending  to  marry   fuch  child  or  'children  in  difparagement,  neg- 
m  trust!    ""^  le3:ing  tire  care  of  their  education  fuitable  to  their  eftate^  or  wailing,  converting  to  his  own  ufe,  or  other- 
wife  mifmanaging  fuch  eftate,  to  make  and  eftablifh,  from  time  to  time,  fuch  rules  and  orders  for  pi  u 
cing  fuch  child  or  children  under  the  care  and  tuition  of  any  other  perfon  or  perfoas,  fecuring  the  .ell  itc, 
and  for  the  better  education  and  ufage  of  fuch  child  or  children>   as  they,  in  their  difcretion^  ihall  j'ud;|e 
meet  and  necelTary. 
Court!' power       V.  And  be  it  further  eii5led  bythe  authority  aforefaid,  That  the  fuperior  courts  and  inferior  courts  of  plea*  : 
over  orphans,    and  quarter  feiJionsof  this  province,  within  their  refpeftive  jurifdiiSiions,  have,  and  fhall  have  full  pow-  { 
er  and  authority,  from  time  to  time,   to  take  cognizance  of  all  matters  concerning   orphins  and  their  ef-  t 
tates,   and  to  appoint  guardians  in  fuch  cafes  where  to  them  it  fhall  appear  neceirary  ,•  andlhall  take  good  . 
fecurity  of  all  guardians  by  them  to  be  appointed  for  the  eftate  of  the  orphans  by  them  conriiitted  :   And 
Penaley.  if  any  court  (hall  commit  an  orphan's  eftate  to  the  charge  or  guardianfhip  of  3:iy  perfon  or  perfons  with.- 

out  taking  good  and  fu.Hcient  fecurity  for  tlie  fame,  the  juftice  or  juilices  appointing  fuch  guardian  ih.ill   '» 
be  liable  for  all  I'ols  and  damages  fuftained  by  the  orphan  for  want  of  fuch  fecurity  being  taken  ;  to  be  re- 
covered by  a£lion,  at  the  common  law,  in  any  court  of  record  in  which  the  fame  is  cognizable,  at  the  fuit 
of  the  party  grieved. 
Proviso,  where     VI.  Provided  alwayr.  That  where  the  fecuritiea  Were  good  at  the  time  of  their  being  taken  ar  accepted, 
fi*'^""'^^'*'**"  but  afterwards  become  infolvent  j  in  fuch  cafe  the  Juftice  or  Juftices  fhall  not  be  liable. 

"  ^°  . '  VII.  And  be  it  further  enaSied,  That  tlie  bond  to  be  given  by  any  perfon  or  perfons  appointed  guardians 

guardifnsTpay^.  35  aforefaid,  fhall  be  made  payable  ta  the  Juftice  or  Juilices  prefentin  co^lrt  and  granting  fuch  guardian, 
able  to  the  Jus-  (hip,  the  furvivors  or  furvivor  of  them,  their  executors  or  adminiftrators,  in  cruft,  for  the  benefit  of  tlie 
ticet.  in  trust  child  or  children  committed  to  the  tuition  and  care  of  fuch  guardian  •,  which  bond  fuch  court  (hall  caule 
for  orphans.  ^^  ^^  acknowledged  befcMfe  them  and  recorded  ;  and  that  in  the  name  of  the  Juftice  or  Juftices  lo  who:n 
thefaid  bond  is  made  payable,  the  furvivor  or  furvivors  of  them,  their  executors  or  ad^tiiniilrators,  any 
Mannerof  pro-  perfon.  or  perfons  injured,  may  and  (hall,  at  his, her  or  their  cofts  and  charges,  commence  and  profficute  a 
Kcuting  a  suit,  fuit  againft  fuch  guardian  and  his  fecurities,  executors  or  adminiftrators  ;  and  Ihall  and  may  recover  all 
^c.  damages  which  he,  (he,  or  they  have  fuftained  by  reafon  of  the  breach  of  the  condition  thereof. 

Proviso,  where      VIII.   Provided  alvxayi.  That  if  any  verdi£l  or  judgment  (hall  pafs  for  fucb  guardian,,  or  his  fecurities^ 
judgment  for     the  perfon  at  whofe  inftance  fuch  fuit  (hall  be  commenced  or  profecuted,  (hall  pay  colls* 
guarliai.,  &c.        jj^^  j^^  ^^  it  further  enacted  by  the  authority  aforefaid.  That  when  a  guardian  (hall  be   appointed  to  an 
Dutyofguardi-Qppj^j^j^  by  any  fuperior  or  inferior  court,  fuch  guardian  (hall,  at  the  next  court  after  his  appointment, 
*"**  exhibit  an  account,  upon  oath,  of  all  the  eftate  of  fuch  orphan  which  he  or  live  (hall  have  rec«ived  into 

his  or  her  haads  or  pofTeffioii ;  and  every  guardian  heretofore,  or  hereafter  to  be  by  any  fuch  court  ap- 
pointed, (hall  annually  exhibit  his  account,    and  ftate  of  the  profits  and  dilburfements  of  the  eftate  of 
fuch  orphan  upon  oath  j  and  fuch  account  fo  to  be  exhibited,  (hall  be  entered  by   the  clerk  in  particular 
books  to  be  provided  and  kept  for  that  purpofe  only  :  and  when  the  faid  courts  (hall  know  or  be  informed 
Courts'  i»«wer  that  any  guardian  or  guardians  by  them  refpedlively  appointed,  do  warfte  or  convert  the  money  or  eftate 
where  they  a-    ^f  ^^^  orphan  to  his  or  their  O'vn  ufe,  or  do  in  any  manner  mifmanage  the  fame,  is  about,  or  intends  to 
use    eu  rus .  ^^^^^  j^j^  ^^  y^^^  -^^  difparagement,  or  negle£ls  to  educate  or  maintain  any  orphan  according  to  his  or  her 
degree  and  circumftances,  or  where  any  fuch  guardian  or  his  fecurities  are  likely.to  become  infolvent  ; 
fuch  court  (hall  have  power,  from  time  to  time,  to  make  and  eftablilh  fuch  rules  and  orders  for  the  bet- 
ter ordering,  managing,  and  fecuring  fuch  eftate,  and  for  the  better  education  of,  and  maintaining  fucli 
orphans,  or  to  appoint  another  guardian,  as  they  fhall  think  fit  and  convenient, 
Direaionto  X.  And  be  it  further  enaEled,  That  every  guardian,  executors,  or  adminiftrators,  as  foon  as  convenient- 

gindians, 0x2-  jy  the  fame  may  be  done,  ,fhaH,  by  order  of  the  fuperior  or  inferior  court  of  pleas  and  quarter  felfions, 
"'!!°''c^y'v  <^»"f^  ^^-  (lj?rift'to  fell  and'difp'jf:  of  all  the  goods  an*  chattels  of  his  Qr  her  WArd  as  are  or  may  be  Kabk 


to  perifh,  confume,  or  be  the  worfe  by  ufing  or  keeping,  (excepfrin  the  inftwices  hereafter  mentioned)  for    1762.    143 
the  mod  that  can  be  got  for  the  fame,  by  public  fale,  having  firft:  advertifei  the  fame  at  all  public  places  u-'vO 
within  the  county  at  leafl   twenty  days  before  the  day  of  fale,  in  reafonable  lots,  and  fliall,  for  enhancing  aWeestaw,  &c, 
the  price  thereof,  give  fix  months  credit,  upon  good  fecurity  given,  for  v/hich  fervice  the  fherifF  fliall  be 
allowed  by  the  court,  lo  as  fudi  allowance  does  not  exceed  two  and  a  half  per  cent,  and  fuch  gu.irdian, 
after  the  time  of  fuch  payment  is  pad,  fliall  take  and  purfue  ail  lawful  ways  and  means  to  receive  and  re- 
cover the  money,  upon  pain  of  being  anfwerable  tor  the  fame  ;  and  if  the  fame  cannot  be  received  before 
the  orphan  intitted  to  receive  facS  money  fliall  have  a  right  to  demand  it,  or  fuch  guardian  fliall  be  remo.;  The  honl  as- 
vcd  from  his  gnardianfliip,  he  or  'as  fliall  and  may  afiign  fuch  bond  to  fuch  orphan,  and  fuch  aflignment  s'i"*^*"  '*'« 
fhall  difcharge  fuch  guardian  for  fo  much  againft  him,  her  or  them  :  and  where  the  profits  of  any  orphan's 
efliate  fhall  be  more  than  fuilicient  to  maintain  and  educate  him  or  her,  the  guardian  of  fuch  orphan  fliall 
lead  the  furplus,  and  all  other  funis  of  money  in  his  hands  belonging  to  fucii  orphan,  upon  bond,  with 
good  and  fufficiept  fecurities,  to  be  approved  of  by  th3  next  fucceeding  court,  and  to  be  repaid  with  in- 
terefl: ;  which  intersft  fuch  guardian  Ihall  account  for  annually  ;  and  where  the  perfon  or  perfons  to  whom 
fuch  money  fliall  be  lent,  or  their  fecurities,  are  likely  to  become  infolvent,  fuch  guardian  fliall  ufe  all  ., 

lawful  means  to  enforce  the  payment  thereof,  on  pain  of  being  liable  for  the  fame  as  aforefaid  ;  and  an  af-  case  «>f  nekuai 
fignment  of  fuch  lafl  mentioned  bond  !»  either  of  the  aforementioned  cafes,  fliall  difcharge  fuch  guardian  liable. 
for  fo  much  as  is  fpecified  inrthe  condition  thereof, 

XI.  jt7id  be  it  further  enaSied,  That  where  any  orphan  fliall  have  lands,  and  a  fuiEctent  rfumber  of  flaves  I"  wliat  cases 
to  cultivate  and  improve  the  fame,  fuch  flaves,  unlefs  otherwife  ordered  by  the  fuperior  or  inferior  courts,  staves  and  stocic 
fhall  be  employed  da  the  lands  and  plantations  of  fuch  ofphan  ;  and  all  horfes,  cattle,  ftieep,  Or  hogs,   phan'slanci. 
fliall  be  kept  upon  fuch  lands  and  plantations  until  fuch  orphan  comes  of  age  j  and  he  or  Ihe  Ihall  have 

the  benefit  of  the  increafe,  and  fliall  fuftaia  the  lofs,  if  any  fliall  happen. 

XII.  Provided  never thelefs ^  That  if  any  fuch  fl:ock  grow  too  numerous,  or  if  it  will  be  to  the  advantage  Where  the 

of  fuch  orphan^  iiis  or  her  guardian  fliall  and  may  fell,  by  order  of  the.  fuperior  or  inferior  court,  fuch  *"'^''  '*  '*"'  "* 
part  of  fuch  fliock  as  fuch  court  fliall  think  fit  ^  and  all  plate  flvali  be  preferved  and  delivered  to  fuelior-  pi^^^  j^,.  . 
phan  wh^n  at  age,  in  kind,  according  ta  weight  and  quantity^  ^  i,i  kind. 

■  XIII.  And  be  it  further  en^Sledy  That  no  guardian  fliall  let  or  farm'  out  any  land  belonging  to  any  orphan  M  inner  of  let-' 
for  a  longer  term  than  the  orphan  be  of  age,  or  in  other  manner  than  by  lesfe,  in  writing  j  and  that  fpeci-^  ting  out  an  or- 
al care  be  had  that  the  tenant  fliall  improve  the  platitation  ;  and  that  he  or  fhekeep  the  houfes,  orchards  P*'*'»'^ '*""• 
and  fences  thereon,  or  that  fliall  be  ere£^ed  on  the  fame,  in  good  and  fuSicient  repair,  and  leave  the  fame 
to  at  tlie  expiration  of  <uch  leafe  ^  and  that  provifion  be  made  in  fiich  leafe  for  preventing  all  kind  of  wafle, 
and  employing  any  timber  to  any  other  ufe  than  the  immediate  ufe  of  fhe  plantation. 

XIV.  And  be  it  further  enaSledy  That  if  the  guardian  of  any  orphan  fliall  fufFer  his  or  her  lands  to  lapfe  Obsolete,  lima- 
ar  become  forfeited  for  non-paymeni:  of  quit-rents,  fuch  guardian  fliall  be  liable  to  anfwer  the  full  vailue  i""' "' "o  <*j"' 
{if  the  lands  fo  forfeited  unto  fuch  orphan  at  his  or  her  coming  of  age  :  and  if  it  fliall  fo  happen  that  any 
prphan  fliall  not  have  flaves  to  cultivate  his  or  her  lands,  and  the  guardian  of  fuch  orphan  cannot  rent  the 
fame  for  lufRcient  to  pay  and  difcharge  the  quit-rents  thereof,  and  there  lliall  not  be  perfonal  efl;ate  fulfi- 
pient  for  that  purpofe,  it  fliall  aad  may  be  lawful  for  fuch  guardian,  with  the  confent  and  approbation  of 
[he  fuperior  or  inferior  court,  annually,  to  fell  or  difpofe  of,  or  life  fo  much  of  the  lightwooJ,  to  box  fo 
tnany  pine  trees,  or  to  fell  fo  much  of  the  timber  on  the  fame,  as  fhall  raife  fuficieiit  to  pay  and  fatisfy  the 
|}Uit-rents  thereof,  and  no  more. 

LXV".  And  be  it  further  enaSied  by  the  authority  aforefaid^  That  the  juftices  of  every  inferior  coufrt  of  pleas   Orplian'scourt, 
d  quarter  feflions  in  this  province,  refp^Stively,  (hall  on  the  firfl:  day  of  the  court  that  fliall  beheld  next 
»fter  the  firft:  day  of  January  in  every  year,  hold  an  orphan's  court  for  tha  purpofe  aforefaid  v  and  every    Guardians tbj 
[>eifoii  heretofore  appointed,  or  that  fliall  hereafter  be  appmnted  guardian  to  any  orphan  by  any  court,  or   counts!**^* 
>y  deed  or  will  as  aforefaid,  fliall  exhibit  fuch  account  as  aforefaid,  and  the  j unices  of  every  court  fliall, 
it  the  fame  court,  examine  into   all  accounts  of  guardians  fo  to  be  exhibited  to  them,  and  fliall  dire£l  a   courts  to  en- 
lummoas  to  iffue,  returnable  to  their  next  court,  againll  all  guardians  who  fliiU  then  fail  to  appear  and  quire  into abu- 
[•ender  fueh  account,  whether  fuch  guardian  be  refident  in  the  fame  or  any  other  county,  and  ihall  tlien   ses,  &c. 
^ifo  enquire  into  the  abufes  and  mifmanagemant  of  guardians  ;  and  whether  they,  or  their  fecurities,  are 
ikely  to  become  infolvent,  and  thereupon  to  proceed  according  to  the  power  in  this  aft  before  given  ;  and  to^atta'chment^ 
■f  any  fuch  guardian  fliall  wilfuUy  negle£t|  after  being  fummoned  as  aforefaid,  to  appear,  or  obftinately  for  contempt.  ^ 


144.    1762. 

Courts  power  at 
any  time  to  en- 
quire into  abu- 
ses. 


Grand  Jury  to 
jjresent  the 
names  of  or- 
phtwis  without 
guardians,  &c. 
and  abuses  of 
guardians. 
Reasonable  dis 
bursements  al- 
lowfcd  guardi- 


Disbursements 
to  be  suitable  to 
theorplian's 
circumstances. 

Who  to  be 
bound  out,  Stc. 

Duty  of  the 
master  oi  mis- 
tress. 


C<-ii»-t*s  pover 
if  apprentice  is 
ill  used. 


Manner  of 
biinl  ngapjr  n 
itces. 


Manner  of  su- 
ing in  case  of 
injury, 


Remedy  for  se 
curilies  when 
ttl^ely  to  suffer. 


refufe  to  exhibit  fuch  account,  It  fnall  and  may  be  lawful  for  tKe  court  to  xflue  an  attachment  for  fucK  con- .| 
tpmnr    and  to  commi^  fuch  guardian  until  he  or  (he  (hall  exhibit  fuch  account.  ^    -    .v  M 

Ivi    PrTvid7Lays,  That  nothing  herein  before  contained  (liall  be  conftrued  to  reftram  the  power  ;| 
of  Ae  inferior  courts  of  ^leas  and  quarter  feffions  in  enquiring,  as  often  as  they  fhall  think  proper,  mta  | 
1  abufes  and  Management  of  guardians  ;  but  that  it  (hall  be  lawful  for  them  to  execute  fuch  power 
It  any  time  or  SneTwhen  to  them  it  fhall  appear  neceffary  ,  any  thing  in  this  aa  contained  to  the  contra, 

ry  ^^'^'^^l^'^^f;  .^^^^  ^„^^^j^  That  the  grand  jury  of  every  county  in  this  province  (hall,  annually, 
at  theorphln's  court  to  beholden  for  their  counties,  refpeftively.  be  ch.^ged  with,  and  prefentt* the  jul-. 
ti^:I^hereorin  siting,  the  names  of  all  orphan  children  within  their  parifh  that  they  (hall  know  have  not 
rardiam  ap'oil^ed  them,  and  are  not  bouSd  out  to  fome  trade  or  employment ,  and  all  ab^fes,  mifma,^,  | 
affpments  and  neeleft  of  fuch  guardians  as  live  within  their  county.  \ 

^  XVm    iTbeffunher  enaEted,  by  the  authority  aforefaid.  That  it  (hall  and  may  be  lawful  for  every  guar, 
dian  to  charge  in  hi/account  all  reafonable  diiburfements  and  expences  j  and  if,  upon  rendering  fuch  ac- 
count.' it  n  aU  appear  to  the  court  that  fuch  guardian  hath,  really  and  bona  fide,  difbur fed  ""ore  in  one 
X  than  the  profits  of  the  orphan's  eftate  do  amount  unto,  for  the  education  and  ma.ntainance  of  fuch   j 
San.  fuch  gCdfan  fiaall  be^allowed  and  paid  for  the  fame  out  pf  the  profits  pf  fuch  orphan's  ,ftat.  »^. .! 

^""^^vtpZided  always.  That  fuch  diiburfements  be,  in  the  opinion  of  fuch  court,  fuitable  to  the  de 
gree  and  drrumftancesVf  the  eftate  of  fuch  orphan  •,  and  that  where  fuch  eftate  fhall  be  of  fo  fmall  value  . 
fhat  no  perfon  will  educate  and  maintain  him  or  her  for  the  profits  thereof,  fuch  orphan  fhall,  by  direod 
tfon  of  tSe  courZ  be  bound  apprentice ;  every  male  to  fome  tradefman,  merchant,  ^-^^%-J^^^^ ^^^ 
fon  approved  by  the  court,  until  he  (hall  attain  to  the  age  of  tv^enty-one  years  -,  and  every  female  to  font, 
fSle  employment,  till  her  age  of  eighteen  years  ;  and  alfo,  fuch  court  may.  in  like  manner,  bind  ap, 
pren^ce!  all  f Jee  bafe  born  children  •.  and  everv  fuch  female  child  being  a  mulatto  or  muflee  until  ftj 
E  attain  the  age  of  t^entyone  years:  And  tie  mafter  or  miftrefs  of  every  fuch  apprentice,  (hall  find 
and  provide  for  him  or  her,  diet,  cloaths.  lodging  and  accommodations,  fit  ^"^.^f^J^rannrenticc 
teach  or  caufe  him  or  hex  to  be  taught,  to  read  and  write  I  and  at  the  expiration  of  his  or  her  apprentice 
(Jlflial  pay  eve^y  fuch apprentice%he  like  allowance  as  isby  law  appointed  for  fervants  by  indenture  e, 
fuLn  T  andVn  refufal.  (hall  be  compelled  thereto,  in  like  manner  ;  and  if  upon  coipp  aint  made  to  tM 
nferior 'court  oJpleas  and  quarter  feffiLs.  it  ftiall  appear  that  any  ^?^^^^;^^  ^^^ 
the  trade,  profelfion,  or  employment  to  which  he  or  (he  was  bound  iftiali  be  lawful  for  f»jch  courts 
remove  and  bind  him  or  her  to  fuch  other  pgrfon  pr  perfons  as  they  (hall  think  ht.  r^r.,  ^  ,« 

XX  And  be  it  further  enaSIed,  That  the  binding  of  fuch  apprentice  by  order  of  pourt  as  ^^or.hidj.^^ 
be  by  indenture,  4ade  in  the  name  of  the  prefiding  aaing  J  uftice  ot  the  court,  and  h.s  f^^^.^f  VS>  of  th^ 
o^e  Lit  and  of  the  mafter  or  miftrefs  to  whop  he  or  fiie  (hall  be  bound,  of  the  otherj  whi:h  indenture 
Til  be  acknow  edged  or  proved  before  (uch  court,  apd  recorded,  and  axounterpart  thereof  fball  remaj 
•  and  be  kept  hi  the  ^clerk's  ofiice  for  the  benefit  of  fuch  apprentice  j  and  that  any  perfon  or  perfon,  injure^ 
may  and  Lll,  at  his  or  her  cofts  and  charges,  profecte  a  fait  thereon  ip  ^^^^^^.f  f-,^j;:^^^^^^^^^^^^ 
fucceflbrs  and  recover  all  damages  which  he  or  (he  may  have  fuftained  by  reafon  of  the  breach  ot  the  co^ 
vena^rtCt^^^^^^^^^^^       and^f  any  verdi<^  or  judgrient  (haD  pafs  fprfuch  mafter  or  miftrefs,  he  o, 

^'xxf  'ZTeiTtther  emSed  by  the  authority  afor.f.  H,  That  where  any  perfon  who  now  is,  or  heread' 
■  terMbXurtvCtLeftaepf^  (hall  conceive  himfelf  in  danger  by  reafon  thereof,    and 

pJtiS  rhe  cour^^^W^^^^  'was'ente'red  into  for  relief,  it  fhall  be  lawful  for  fuch  cou"  JOH 

Te  t  on  to  fhem  exhibited,  forthwith  to  order  fummpns  to  iflue,  ?gamft  the  party  or  parties  with  and  fof 
^whom  the  petitioner  ftandl  bound,  returnablp  to  the  next  court  ;  =>"d  hereupon  to  compel  fuch  p.rty  ^ 
partiesto^ve  (.(ficientotheror counter  (ccurhics,tobeW-^^^^ 


?j;;7;ic^'eftate  tp'the  (aid  pethipnpr,  pr  (uch  olher  perlbn  as  tl,^  ccvurt  ihall  ^'ij^^^  or  they  may,  and  are 
hereby  empowered,  to  make  fuch  other  order  or  rule  therein  for  the  relief  of  the  petitioner, 


Proviso. 


and  better 

fecuring  fuch  orphan's  eflate,  as  to  them  (liall  appear  juft  and  equitable. 

XXII.  Provided  ahvays.  That  fuch  court  (l.all  take  g^o^  and  fufficien    fecunty  of  he  p^fon  o^^ 
to  whom  fuch  eftate  (l>all  be  fo  committed,  in  like  manner,  and  under  the  like  penalty,  a.  is  by   his  att  . 
required  to  be  taken  of  guardians  appointed  by  the  court-,  and  CA'cry  , fuch  perfon  fliall  alfo  exhiba  h.» 


account,  TLxiAhe  fubjefl  t6  the  rilles  andotders  of  the  court,  in  the  fame  manner,  to  all  intents  TuSi  pur-    1T62.    1*5 
pofes,  as  is  herein  before  required  of  guardians,  or  they  are  made  labje£t  unto.  \,*«-v^*^ 

I  '     XXIH.   jindie  it  further  enaffed  by  the  authority  afore/aid,  That  all  legacies,  filial  portions,   diftributive   Legacies,  &c. 
I  ifliares  of  inteftates  eftateg,  (um  or  fums  of  money,  or  other  eftate,  due  or  owing  from  any  perfon  appoint-  K°^  tecovera- 
j    ed  guardian  to  any  orphan,  or  from  any  executors  or  adminiftrators,    or  other  perfon  whatfoever,    fhall       ' 
and  may  be  recovered  by  petition  to  the  fuperior  courts  of  the  di{lri<3;s,  or  any  inferior  courts  of  pleas 
and  quarter  feffions,  refpefit  being  bad  to  the  jurifdiclion  of  the  faid  court ;   and  that  in  all  fuits  by  petiti- 
on as  afbrefaid,  and  in  the  laid  courts  xefpeftiyely,  tlie  following  rules  and  methods  ftiall  be  obfsrvedj 
:to  wit. 

The  petitioner  fhall  file  his  petition  in  court,  tipOn  exhibiting  the  fame,  and  thereupon  fnmmons  (hall  Rules  of  court , 
be  iffued  by  the  clerk  of  courfe  ;  and  that  upon  the  defendant's  being  ferved  therewith,  and  with  a  CQpy 
iOf  the  faid  petition,  he  ftiaU  appear  and  put  in  his  anfw«ror  plea,  upon  oatli,  or  demur. 
'  That  upon  an  anfwer,  plea,  or  demurrer  being  filed  as  aforefaid,  the  petitioner  may  move  the  court 
'fto  have  the  fame  fet  for  hearing,  and  immediately  argued,  and  thereupon  the  court  (hall  proceed  to  hear 
and  determine  the  fame  according  as  the  matter  in  equity  and  law  fliall  appear  to  them,  without  regard 
:  ito  form,  or  want  of  form  in  the  petition,  procefs,  or  courfe  of  proceedings. 

That  upon  the  defendant's  being  ferved  with  a  fummons,  and  a  copy  of  the  petition,  ten  days  before 

:tbe  court  to  which  fuch  fummons   is  returnable,  and  oath  made  thereof,  if  he  (hall  fail  to  appear   and 

•plead,   anfwer  or  demur  as  aforefaid,  the  petitioner's  petition  (hall  be  taken  pro  confefib,    and  the  mat» 

•  ter  thereof  decreed  accordingly,  with  cofts;  unlefs  on  fpecial  reafons  fhewn  to,  and  approved  of  by  the 
.'.court,  time  (hall  be  allowed  fuch  defendant  to  file  fuch  plaa,  anfwer  or  demurrer. 

That  upon  the  petitioner  difmiffing  his  petition*  or  the  fame  being  difaiiffod  for  want  of  ptofecution, 
he  (hall  pay  cofts. 

And  if  any  defendant  (hall  appear  on  fuch  fummons,  and  fhall  obftinately  refufe  to  anfwer  the  petl- 

•  .tion  of  the  petitioner,  the  fame  (hail  be  taken  pro  confeflb,  and  the  matter  decreed  as  aforefaid. 

Every  defendant  (hall  be  at  liberty  to  (wear  to  his  anfwer  or  plea  before  any  juftice. 

That  when  a  plea  or  demurrer  (hail  be  ovsr-ruled,  the  defendant  fhall  file  his  anfwer  the  fame  court. 

That  when  the  petitioner  (hall  be  minded  to  difprove  the  anfwer  of  the  defendant  and  fu>pport  his 
._  .claim,  he  may  reply. 

Commifhons  to  examine  witnefTes  may  be  awarded  by  the  court  after  replication  filed,  the  party  taking 
out  fuch  commilTion,  giving  the  advcrfe  party  ten.days  notice  of  the  time  and  place  of  executing  the 
fame. 

And  tliat  upon  a  decree  being  made  on  any  fuch  petition,  it  (hall  and  may  be  lawful  for  tlie  couil 
.who  fhall  make  the  fame,   to  grant  execution  againft  the  defendant's  body,  goods  and  chattels,  lands  and 

•  tenements,  for  fatisfying  fuch  decree  and .qofts.:  Any  law;,  ufagej  orcuftom  to  the  contrary  notwithftand- 

XXIV.  And  he  it  further  enacted  hy  the  authority  aforefaldy  That  when  any  perfon  fhall  conceive  himfelf  in-  Appeal  grant' 
jured  or  aggrieved  by  order  or  fentence  of  any  inferior  court,  in  appointing  a  guardian  to  any  orphan,  or  in  *°' 
removing  any  orphan  from  the  care  and  tuition  of  any  perfon  who  has  been  appointgd  fuch,   or  on  refu- 

fing  to  make  fuch  appointment  or  removal  as  aforefaid,  he  may  appeal  from  fuch  order  or  fentence  to  the 
court  of  chancery  of  this  province,  or  to  the  fuperior  court  of  the  diftrifl,    at  his  option  ;   and  the  party 

'  praying  fuch  appeal,  (hall  file  a  copy  of  tlie  proceedings  of  the  inferior  court  therein  with  the  clerk  of 
the  chancery,  or  clerk  of  the  fuperior  court  (as  the  cafe  may  be)  fifteen  days  before  the  fitting  of  fuch 

i^ourt,  and  thereupon  it  (hall  and  may  be  lawful  for  the  court,  to  which  fuch  appeal  is  made,  to  proceed 
to  rehear  the  matter,  and  either  affirm  or  reverfe  fuch  order  or  fentence,  and  thereupcHi  to  award  execu- 
tion for  all  fuch  cofts  and  charges  as  (hall  be  occafioned  by  fuch  appeal. 

XXV.  Provided  neverthelefs.    That  the  party  praying  fuch  apped  before  the  fame  (hall  be  granted  by  Appellant  to 

: -the  inferior  court,  (hall  enter  into  bond,  with  fufficient  fecurity,  for  profecuting  fuch  appeal  with  effefl ;  S've  bond  and 
and  the  payment  of  all  fuch  cofts  and.charges  as  fhall  be  awarded  againft  him  in  cafe  he  fhall  be  caft  in  *^*^""v« 
•his  faid  appeal. 

XXVI.  Provided  nlfo^  That  nothing  in  this  aft  contained  (hall  be  conftrued  to  reftrain  or  abridge  the  Court  of  Chan' 
power  of  the  faid  court  of  chancery,    in  any  matter  or  thing  relating  to  orphans  or  their  eftates  ;  but  the  no^abndewi. 
laid  court  (hall  and  .may  hold,  ufe,  ^xercife  and  enjoy,  the  fame  jurifdidions,  powers  and  authorities 

-    Vol.  I.         ..vs.  .  JP  p 


146    1762.   thereih,  in  as  full  and  ample  manner,  to  all  inUrttiS  and  parpofea^   as  if  thi«  a<9t  had  never  betomai^ef 
i,.«'-y->j  any  thing  herein  contained  to  the  contrary  notwithilanding. 

CHAP-  6.  An  a&fhr  making  provifionfor  an  irthodox  clergy. 

See  note,  page  3Y- 

CHAP.  7.  An  ad  for  the  further  continuing  and  amending  ,«  An  aft  fof  appointing  a  militia  ;"  drid  alfo  to  continue  one 
other  Bcty  entitledy  »<  An  ■^Oc  to  amend  and  continue  an  a<SV,  entitled,  an  a(3t  for  appointing  a  mi^ 
litia/Y"^     ^^JP- 

CHAP.  8.  An  aFl  appointing  the  method  of  dili riluting  inteflatei  eftates^  ttpfh) 

1/66,3.1,1754,22,    2,1784,10.     1787,14. 

CHAP.  9.  An  aB  for  the  more  eafy  recovery  of  money  due  upon p'omijfory  noiesy  and  to  render fuch  nttes  negotiable. 

WHEREAS  promiflbry  notes  are  of  great  utility,  as  v/ell  to  merchants  as  others,  and  there  being  no* 
method  of  recovering  money,  fpecified  in  fuch  notes,  by  any  aft  of  Affembly  in  force  in  this  pro- 
vince ;  For  remedy  whereof. 
Promissory  11.5^  it  therefore  enaSfed  by  the  Governor i  Ciuficit  and  Afftrnhly  and  by  the  authority  of  the  fame ,  That  all  ho!  es- 

"^"'^  b^*'^^-  "**  ^"^'^  hy  any  perfon  or  perfons,  body  politic  or  corporate,  or  by  the  fervant  or  agent  of  any  corporatioiiy 
landbilir&c,  hanker,  merchant  or  trader,  who  is,  or  {hall  be  ufually  intruded  to  fign  fuch  promiflbry  notes  for  them, 
whereby  fuch  perfon  or  perfons ,  body  politic  or  corporate,  or  the  fervant  or  agent  of  any  corporation,  ban- 
ker, merchant  or  trader,  fhall  promife  to  pay  any  perfon  or  perfons,  body  politic  or  corporate,  or  the  fer- 
vant or  agent  of  any  corporation,  banker,  merchant  or  trader,  or  order  ;  the  money  mentioned  in  fuch 
note,  fhall  be  conftrued  ta  be,  by  virtue  thereof,  due  and  payable  to  fuch  perfon  or  perfons,  body  politic  ot' 
corporate,  or  the  fervant  or  agent  of  any  corporation,  banker,  merchant  or  trader,  to  whom  thsfanit*  \s 
made  payable  }  and  alfo,  fuch  note  payable  to  fUch  perfon  or  perfons,  body  politic  or  corporate,  or  the 
fervant  or  agent  of  any  corporation,  banker,  merchant  or  trader,  or  order,  may  be  aflignable  over  in  like 
manner  as  in  land  bills  of  exchange  are  by  cuftom  of  merchants  in  England  ;  and  the  perfon  or  perfons, 
body  politic  or  corporate,  or  the  fervant  or  agent  of  any  corporation,  banker,  merchant  or  trader,  to  whom 
fuch  money  is  or  fhall  be  payable,  may  maintain  an  aftion  for  the  fanie,:  as  they  might  upon  fuch  bill  of 
eacchange,  and  the  perfon  or  perfons,  body  politic  or  corporate,  or  the  fervant  or  agent  of  any  corporation, 
banker,  merchant  or  trader,  to  whom  fuch  note  fo  payable  to  order  is  affigned  or  indorfed,  may  maintain 
an  aftion  againfl  the  perfon  or  perfonsj  body  politic  or  corporate,  or  the  fervant  or  agent  of  any  corporation  ,> 
banker,  merchant  or  trader,  who  figned,  or  fliall  fign  fuch  note,  or  any  who  (hall  or  have  indorfed  the  fame 
as  in  cafe  of  in  land  bills  of  exchange,  and  recover  damages,  and  cofts  of  fuit  ;  and  in  cafe  of  nonfuit,  or 
a  verdift  (hall  pafs  againft  the  plaintrfF,  the  defendant  fhall  recover  cofts. 
jadgments  al-  Til.  Andbc  it  further  enacted  by  tin  authority  aforefaid^  That  all  judgments  heretofore  recovered  in  any  courC- 
'^^  .*"^f^^*'^  of  law  within  this  province,  on  any  fuch  promiflbry  note  or  notes,  ihall  be  good  and  valid,  to  all  intents  and 
'  purpofes,  and  fhall  not  be  reverfed  for  any  matter  or  eaufe  relating  to  fuch  note  or  notes  ;  and  all  adicns' 

heretofore  commenced  in  any  of  the  faid  courts  on  any  promiflbry  note  or  notes,  and  not  already  determin- 
ed, Ihall  be  profecUted,  'carried  on,  and  judgment  thereupon  had,  in  like  manner  as  is  direfted  for  the  re- 
covery of  money  due  upon  promiflbry  notes  by  an  a£t  of  parliament  made  in  the  third  and  fourth  years  c  £^ 
the  reign  of  her  late  Majefty  Queen  Anne,  for  making  fuch  notes  negotiable. 
Orders  in  writ*      IV.  And  he  it  further  enacted  by  the  authority  aforefaidf  That  when  any  perfon  or  perfon  fhall,  by  order  in 
ing  on  third       writing,  figned  by  his  or  their  proper  hand,  diredl  the  payment  of  any  fum  or  (ums  of  money,  in  the  hands 
P*"°J^  1°°"^ '    ^"^  poflTeflion  of  any  other  perfon  or  perfons,  to  the  bearer,  or  any  perfon  or  perfons  whatfoever,  the  money 
tir  a«cepto»  lia-  therein  fpecified,  fhall^  by  virtue  thereof,  be  due  and  payable  to  fuch  perfon  or  perfons  to  whom  the  fame 
l)le.  is  drawn  payable,  and  may  be  put  in  fuit  againfl  the  perfon  or  perfons  who  fliaU  dravir  the  fame,  or  againft 

the  perfon  or  perfons  on  whom  the  fame  fhall  be  drawn,  after  acceptance  thereof  by  him  or  them  to  whom' 
the  fame  fhall  tie  made  payable,  and  recover  damages. 
When  protest,       V.  Providid  never thelefs y  That  no  perfon  or  perfons  whatfoever,  fhall  profecute  any  fuit  againft  atiy  per- 
and notice  i.e-  ^^^  qj.  pgrfons,  who  fliall  give  fuch  order,  for  the  money  therein  mentioned,  before  the  fame  fhall  have, 

(o)  Davis,  (b)  Davis. — Mr.  Glasgow  has  ceriiaed  acopy  from  the  council  journal  (of  Nov.  7",  1766)  of  an  entry  signifying 
the  tepeal  by  ihe  Kiujj's order  in  ccurcilof  an  aft,  entitled,  "  an  afl  for  distributing^  intestates'  estates  :"  Which  I  presilme  ■vi'a 
intended  lor  the  above  rsentiontJ  ai!>,  thongh  the  title  is  inaccurately  stated  ;  for  I  can  lind  no  other  to  which  it  could  refer. 

•  <'  S»id"  is  the  tvoi;!  isi  ihc  original ;  b«t  "  sam^"  wfks  cs«iiin!^  inEer.dcd|  iwd  I  presume  it  wjj  a  raistinke  in  the  transcrij^t* 


Itefet  been  proteftedfor  non  acceptance,  and  notice  given  thereof  to  the  drawer,  before  fuch  fuit  fliiU  be    lT62.  H? 
'  brrought ;  and  if  any  fuit  ftiall  be  brought  on  any  fuch  order  before  notice,  and  refufal  to  pay  as  aforefaid,  i.^or^O 
the  plaintiff  or  plaintiffs  (hall  be  non  fuit,  and  pay  cofts. 

An  aSl  to  amend  ah  aEI  intitled"  An  d£t  for  the  relief  of  poor  debtors,  as  to  the  imprifonment  of  their  per-  chap.  10. 

ions  ;"  ppjjed  the  fourteenth  day  of  April,  in  the  year  of  our  Lord  one  thsufand  feven  hundred  and  forty -nine.    R«P-  ''73,  4. 

See  p,  85. 
An  actio  amend  and  further  continue  an  act  intituled  «  An  zSk  for  facilitating  the  navigation  of  port  Bath,  chap.  II. 

port  Roanoke,  and  port  Beaufort,"  pajfed  the  thirty  firji  day  of  May,  one  thouf and  feven  hundred  andjifty'tvjo 

for  five  years,    exp. 

An  act  for  dividing  the  county  of  Anion,  and  other  purpofes.  CHAP.   1^ 

WHEREAS  by  reafon  of  the  large  extent  of  the  county  of  Anfon,  it  is  greatly  inconvenient  for  the 
inhabitants  to  attend  the  court  of  the  aforefaid  county,  general  mufters,  and  other  public  duties 
by  law  required :  .  . 

II.  Be  it  therefore  enaBed  by  the  Cover  nor f  Council.,  and  Ajftmbly^  arid  tt  is  hereby  enaSiedby  the  authority  of  Medclenberg 
^he  fame.  That  from  and  after  the  firft  day  of  February,  the  faid  county  of  Anfon  fhall  be,  and  is  hereby  ereaed. 
(divided  into  two  diftinft  counties^  by  a  line  beginning  at  Lord  Carteret's  line,  fix  miles  North-eaft  from 
taptain  Charles  Hart's  plantation  on  Buffelo  creek,  and  to  run  from  thence  to  the  mouth  of  Clear  creek, 
l^irhich  empties  itfelf  in  Rocky  river,  below  captain  Adam  Alexander's  ;  and  from  thence,  due  South,  to 
ijthe  bounds  of  the  province  of  South-Carolina :  and  that  ail  that  part  of  faid  county  which  lies  to  the  Eaft- 
kvard  of  faid  dividing- liney  fhall  be  a  diftindl:  county,  and  remain  and  be  called  by  the  name  ot  Anfon  coun- 
ty i  and  that  all  that  part  of  the  laid  county  lying  to  the  Weftward  of  faid  dividing  line,  fliall  be,  theiiee- 
forth,  one  other  diftin£l  county,  and  called  by  the  name  of  Mecklenberg. 

The  reniaining  fections  of  a  temporary  or  a  private  nature-,  arid  therefore  n  ot  irtf  rted^ 

Aft  act  to  apply  the  money  already  levied  oh  the  ia>iable  inhabitahls  of  Currituck  county,  by  virtue  of  an  act,  entitled ^  cHAP.  22!;,' 
«  An  a<St  to  amend  and  improve  the  navigation  from  Currituck  Inlet,  through  the  diftridl  in  Curri- 
tack  countyj   to  Albemarle  found;"     OBs^ 

THE  TITLES   OF  TriE  PRIVATE   ACTS. 

3  Anafl  for  estab'ishinga  tcv/n  on  the  lands  of  William  Her-  to\vn  of  Hertford,  and  other  purposes. 

ritage,  at  a  place  called  A  tkins's  banks,  in  Dobbs  eounty,  21  >  An  aiS  for  altering  t^e  method  of  working  on  the  roads,  and 

14  Ati  aft  for  establishing  a  town  on  the  lands  of  John  aind  Wit-  apponting  public  ferries  within  the  counties  of  DupHn,' 
liam.Russel,  minors,  sons  of  John  Kussel,  deceased,  oh  Cuniberland,  Rowati  and  Anson. 

the  west-side  of  the  north-west  branch  of  Gape-Fear  ri-  23  AnaA  for  increasing  the  salaries  of  the  Inspeilors  of  tobacco' 

ver,  near  the  mooth  of  Cross-Creek,  by  the  name  of  Camp-  at  the  warehouse  in  the  town  of  Halifax, 

bellton,  and  other  purposes.  24  An  aft  to  amend  and  further  continue  an  a<a,  entitled,  "  Aii 

15  AnaAto  laya  tax  on  the  inhabitants  of  the  several  counties  afttoestabiisha  public  ferrv  from  Newby's  point  to  Phelps's 
ofthedistrift  of  Halifax  superior  court,  torepair  the  pub-  point,  <»hereon  the  court-house  now  stands,  on  Petqui- 
lic  prison  thereof,  and  other  purposes.  mans  river." 

16  An  a<a  to  empower  Thomas  Bonner,  jun.  late  sheriff,  to  re-  29  An  aft  to  empbwefand  dlirea  the  coriimissionefs  of  tK«  dis» 
ceive  and  colleft  the  arrears  of  taxes  due  in  the  counties  of  tJiils  hereafter  mentioned  to  lay  out  and  make  a  road- 
Beaufort  ard  Pitt,  fot  the  year  of  one  thousand  seven  through  Regan's  swamp;  in  Bladen  county,  to  the  caurt- 
hondred  and  sixty.  house  in  the  said  county. 

if  An  aft  to  establish  a  pub'ic  road  from  the  court-Tiousai  in  26  An  aft  to  empower  and  dire<S(  the  commissioners  of  the  dis* 
Currituck  c  urtty,  across  the  great  swamp,  to  the  bridge  trifts  herein  mentioned  to  lay  out  and  make  a  road  fromf 

on  North  river,  near  the  Indian  town.  John  Ho\Vard's  ferry  on  Black    river,    through  Colley's> 

is  An  aft  for  destroying  vermin  in  the  county  of  Orange,  and  o«  swamp  to  the  North- West  river,  in  Bladen  county. 

ther  Qountits  therein  tnentioned.  .  27  An  aft  to  encourage  Joseph  How  ell  to  build  a  bridge  over 

li>  An  aft  to  enable  the  comniissioneiiB  of  the  church  otEdenton  Tar  river,  at  or  hear  the  place  called  Howell's  ferfy,  at 

to  discharge  the  contraft  by  them  made  with  the  work-  Tarborough,  ift  Edgcomb  county. 

men  employed  in  finishing  the  inside  cf  the  said  church.  28  An  aft  to  establish  a  ferry  from  Solley 's  poiiit  to  Re!f's  point, 

Sid  An  aft  for  enlarging  the  time  allowed  fur  saving  lots  in  the  whereon  the  court-house  now  stands,  on  Pasquotank  river. 

Signed  by  ARTHUR  DOBBS,  Efq.  Governtr. 
James  Hasell,  Prefident^ 
John  Ashe,  SpeakeiK- 
fcead  t'iree  times  and  ratified  in  open  Aissmbly,  the  11th  day  of  December,  ir6^ 


' 


-.J^ 


U8  1764. 


■■■■■si«««i«*«ani 


••(•■■••■■I*** 


Arthtt* 
Udbbs,  Esq. 
Governor. 


At  an  ASSEMBLY,  begun  and  held  at  "Wilmmgfon,  the  Thirtieth  Day  oi 
January,  in  the  Fifth  Year  of  the  Reign  of  our  Sovereign  Lord  GEGRGJg 
the  Tfeird,  by  the  Grace  of  God,  of  Great' Britain,  France  and  Ireland, 
King,  Defender  of  the  Faith,  &c.  and  in  the  Year  of  our  Lord  One  Thou.- 
sand  Seven  Huiidred  and  Sixty-fbur :  Bein^  t;he  First  SessiQjgi  pf  this  pre.; 
sent  Assembly. 


I 


CHAP.    I. 

CHAP.   2. 
See  note  p.  57, 

CHAP.  3. 

Byaaoa.ir84 

14,    I   consider 
all  of  this  &(i 
but  the  4th  and 
38th  seSions  to 
have  been  re- 
pealed. 

Penalty  on  per- 
sons not  autho- 
rised, transport, 
jng  for  pay, 
within  ten 
niilesofafeny, 
&c. 

1787,  1,6. 
A£ts  repe^ed. 


CHAP. 

4-. 

GHAP. 

5. 

CHAP. 

6. 

Antep 

118. 

^  act  for  appointing  a  miliiia.     us?. 

An  act  concerning  vejiries. 

An  act  to  empotoer  the  inferior  courts  of  the  several  counties  in  this  province  to  direSJ  the  laying  mt  of  public  f 

anrf  e^ablj^  and  fettle  ferries ;  andio  appoint  -where  bridges  fialt  be  built,  for  the  ufe  and  eafe  of  the  inhab\' 

of  this  province  \  and  to  clear  navigable  rivers  and  creeks  % 

IV.    A    ND  be  it  further  enacted.  That  if  any  perfon  or  perfons  after  the  paffing  dFthis  a£t,  not  empow* 

J7\_  ered  to  keep  ferry,  (hall  pretend  to  keep  any  ferry^  or  ,to  tranfport  any  perfon  or  perfons,  ok 

their  efFe£ls,  for  pay,  within  ten  miles  of  any  ferry  (being  on  the  fame  river  or  water)  which  is  already 

or  hereafter  (hall  he  appointed^  fuch  perfon  or  perfons  fo  pretending  to  keep  ferry,   or  tranfporting   an] 

perfon  or  perfons,  or  their  eflefts,  ihall  forfeit  and  pay  the  fum  of  twenty  fhiliings,  proclamation  money 

for  every  fuch  offence,,  to  the  neareft  ferryman  ;  to  be  r«coveEed  jjy  a  :1^arrai\t  ^om  any  Juftice  of  th« 

peace,    upon  full  proof  thereof  made  before  him. 

XVIH.  And  be  it  further  enaSied  by  the  authority  aforefaid,  That  an'a£t,  entitled,  «  An  a<ft  for  empowj' 
ering  the  feveral  commiffioners  herein  after  named  to  make,  mend  and  repair,  all  roads,  bridges,  cutj 
.and  water-courfes,  already  laid  put,  or  hereafter  to  be  laid  out  in  the  feveral  counties  and  diftrids  her^ 
'in  after  appointed,  in  fuch  manner  as  they  fhail  judge  moft  ufeful  to  .thepublic,"  paiTed  at  Newbern  th« 
itwemieth  day  of  April,  in  the  year  of  our  Lord  one  thoufand  feven  hundred  and  forty-five  ;  another  zQL 
entitled,  "  An  aft  for  eftabliftiing  public  roads  and  ferries,  and  for  the  better  regulation  of  the  fame  i|. 
feveral  counties,"  paffed  at  Newbern  the  twelfth  day  of  December,  in -the  year  of  our  Lord  one  thoi|j|i 
fand  feven  hundred  and  fifty-fix  ,•  and  one  other  zEk,  entitled,  «  An  aft  for  altering  the  method  of  worfal 
ing  on  the  roads,  and  appointing  public  ferr-ies  within  the  counties  otf  Duplin,  Cumberland,  Rowan  aii|i 
Anion,"  paffed  at  Newbern  the  eleventh  day  of  December,  in  the  year  of  our  lord  one  thoufand  fevef 
hundred  and  fixty-two;  and  every  claufe  and  claufes,  article  and  articles  of  them,  and  of  each  and  eve; 
ry  other  a£l  and  ads,  claufe  or  claufes  thereof,  heretofore  made,  within  the  purview  of  this  a£t,  fr.all 
!be,  and  are  hereby  feverally  froni  henceforth  repealed. 

An  aSl  for  fupprefft$ig  txcejjive  and  deceitful  gaming,     exp. 

An  aSfor  encouraging  the  culture  of  hemp  ati^ff^c,  md  other  purpofes.     EXP. 

An  aB  to  amend  an  aff,  entituled,  "An  a£l:  for  the  relief  of  fuch  perfons  as  have  fufFered,  or  may  fufFer,  b) 
'     not  having  had  their  deeds  and  mefne  conveyances  proved,  and  regiflered  within  the  time  heretofort 
appointed  for  fuch  purpofes  ;  and  to  prevent  difputes  and  law-fuits,  concerning  lands." 

WHEREAS  by  an  a£l  pafled  at  Newbern,  in  the  year  of  our  Lord  one  thoufand  feven  hundred  anc 
fifty-four,  entitled,  "An  zt\  for  the  relief  of  fudi  perfons  as  have  fufFered,  or  may  fufler,  by  no! 
ihivujg  h^d  their  4eeds  and  mefne  conveyances  proved  and  regiftered  witliin  tlie  time  heretofore  appoint- 


ti  for  fuch  purpofes  ;    and  to  prevent  dlfputes  and  law-fuJts  coilCefniilg  lands  ;  all  deeds  or  mefnc  con- 
|veyances  for  any  lands,  tenements  or  hereditairients  within  this  province,  were  to  be  acknowledged  or  pro- 
•ved  according  to  the  diredlions  of  that  a£l,  and  delivered  to  the  regifters  of  the  counties  wherein  they  are 
tefpeftively  fituated,  within  the  fpace  of  two  years  from  the  refpe61ive  dates  thereof  ;  and  many  perfons, 
through  ignorance  of  the  purport  of  the  faidlaw,  haying  negle(6ied  to  have  their  deeds  or  melne  convey- 
ances proved  and  regiftered  according  to  the  direftions  of  the  faid  aQ  :  for  remedy  whereof. 
'      II.  Be  it  enaSied  by  the  Governor^  Council  and  ^Jfembly,  and  by  the  authority  of  the  fame  ^  That  all  deeds  and 
niefne  conveyances  of  lands,    terements  and  hereditaments,  not  already  regiftered,  acknowledged,  or  pro- 
.  ■  ved,  fliall  and  may,  within  eighteen  months  after  the   paffing  of  this   adi,  be  acknowledged  by  the  gran- 
,  I  tor  or  grantors,  his  or  their  agents  or  attomies,  or  proved  by  one  or  more  of  the  fubfcribing  witncfies  to 
\  [the  fame,  and  tendered  or  delivered  to  the  regifters  of  the  counties  where  fuch  lands,  tenements,  or  here - 
;  jditaments,  are  refpe£lively  fituated  :  and  all  deeds  and  mefhe  conveyances  whatfoever,  which  fhall  be  ac- 
:  [itnowledged  or  proved  according  to  the  directions  of  this  z6k  :  and  alfo,  fuch  as  have  been  heretofore  re- 
,  I  corded  by  the  clerk,  or  regiftered  by  the  regifter  of  any  preciruS  or  county,  wherein  the  lands  or  tene- 
\  ments  mentioned  in  the  fame,  lie,  or  are  fituate,  though  not  withm  two  years  after  the  date  of  the  refpec- 
Hive  conveyaaces,  fliall  be  good  and  valid  in  law,  and  fhall  enure  and  take  efFeft,  as  fully  and  efFe£luaUv, 
!  to  the  ufe  and  behoof  of  the  grantees,  their  heirs  and  assigns,  and  thofe  claiming  under  them,  as  if  fuch 
deeds  and  conveyances  were  acknowledged,  or  proved  and  regiftered  agreeable  to  the  diredions  of  any 
[.  a£t  of  affembly  heretofimre  made. 

I      III.  And  in  order  to  render  his  majefty's  fubjefts  m  this  province  fecure  in  the  peaceable  and  quiet  en- 
ijoyment,  of  their  feveral  eftates,  rights,  and  properties,  and  to  prevent   all  doubts,  controverfies,  and  dif- 
iputes,  which  may  hereafter  arife  concerning  the  titles  to  any  lands,  tenements,   or  hereditaments,  which 
are  held  or  claimed  by,  from,  or  under  any  foreign  proteftant  heretofore  inhabiting  within  this  province,  by 
ipurchafe,  defcent,  orotherwife  :  Beit  further  enoEledhy  the  authority  aforefaidyThzi  all  foreign  proteftants  here- 
itpfore  inhabiting  within  this  province,  and  dying  feized  of  any  lands,  tenements,  or   hereditaments,  fliall, 
forever  hereafter,  be  deemed,  taken,  and  efteemed  to  have  been  naturalized,  and  entitled  to  all  the  rights, 
j privileges,  and  advantages  of  natural  born  fubjeds  ;  and  all  gifts,  grants,  devifes,  and  mefne  conveyances, 
jin  the  law,  heretofore  made  or  done  by  any  of  them,  or  by  any  foreign  proteftants,  heretofore  inhabiting, 
iiand  being  feized  of  lands,  tenements,  and  hereditaments,  in  this  province,  of  any  fuch  lands,  tenements  or 
f  hereditaments,  fhall  he  deemed  and  taken  to  be  as  valid  and  efFe£lual,  to  all  intents  and  purpofes  whatfoe- 
{  ver,  as  if  they  had  been  made  done,  or  executed  by  any  of  his  majefty's  natural  born  fubjefts  of  this  province; 
and  th^  heirs,  grantees,  legatees,  and  feoflees  of  any  fuch  foreign  proteftant,  holding,  claiming,  and  enjoy- 
ing any  lands,  tenements  p  hereditaments,  by,  from,  or  under  any  fuch  foreign  proteftant,  fliall  have,  hold» 
occupy,  poflefs,  and  enjoy,  and  be  entitled  to  the  fame,  as  fully  and  rightfully,  as  if  the  faid  lands,  tenements, 
|9r  her -ditameins,  had  defcended  from,  or  been  granted  or  conveyed  by  any  of  his  majefty's  natural  born 
fubje£ls  of  this  province  ;  any  law,cuftom,  or  ufage  to  the  contrary  hereof,  in  any-wile,  notwithftanding. 
IV.  Provided  always.  That  nothing  in  this  a£l  contained  fliall  be  deemed  or  conftrued  to  extend  to  any 
I  gift,  grant,  devife,  or  other  mefne  conveyance,  hereafter  to  be  made  or  executed,  by  any  foreign  proteftant, 
flow  refiding  or  hereafter  to  refide  within  this  province, 

Jn  aSfor  the  piore  e^'eSluaifu^preJftn^  of  felonies,  and  punilhmmt  of  counterfeiters  of  the  paper  currency  of  this 

prtfvince  and  of  Virginia. 

Au  aB  to  continue  an  aEf  entituled,  "An  aft  to  make  provifion  for  paying  the  chief-juftlce  and  attorney  gen- 
eral's falaries,  and  defraying  the  contingent  charges  of  government  ;"  pajfedin  the  year  of  our  Lord  one 
fhoufatid  seven  hundred  andfifiy-ei^ht.  exp. 


1764-.    149 


Further  tim;aU 
bvfed, 


Foreign  protss-* 
tatits  who  died 
seized  of  lands, 
declared  natu- 
ralized; and  en< 
titled  to  the  pri- 
vilege of  natu- 
ral bom  sub- 
jects ;  and  ali 
gifts,  &c.  by 
them  made  de* 
dared  good. 


Not  to  eJttend 
to  any  gift,  &c. 
hereafter  to  be 
made  to  such. 

CHAP.   7. 
Rep.  byprocl»- 
macion,. 

CHAP.   8. 


An  adfor  deflrsying  vermin  in  this  province,  fxp. 

SAnaBfor  appointing  of  public  treafurers. 
An  aB  to  continue  an  aB  entitled,  "An  aft  to  amend  and  further  continue  an  aft,  entitled,  an  aft  for  fecili- 
tating  the  navigation  of  port  Bath,  port  Roanoke  and  port  Beaufort :  pafled  the  thirty-fiift  day  of  May,- 
one  thoufandfeven  hundred  and  fifty-two" /crj^^wflr/,    exp. 
Vol.1.  "^    ^  q 


CHAP.  9. 

CHAP.    10. 
Rep.  1767,  7. 

CHAP,  la" 


150    1764-, 

CHAP.    14. 


Brunsw'ck  e. 


Part  ofSt.  Phi 
lip's  parish  ad 
ded  to  Bladen. 


Bute  ereiKed. 


An  a5i  for  ereBing  'part  af  St.  Philip*s parl/fj,  in  Ne-p-Hano^'er  ro".*ityi  find  the  toivtrpdrt  of  Biadsn  coi:fiiy,  in* 
i       to  a  feparaie  ccunty,  bytle  nam^of  Brunfnvick  county  ;  afiA  for  div'idhig  the  ecurtiy  ofGranvrlie,  and eteSlinjtfi 
that  part  thereoj  called  St,  John  s  par  ij}},  into  a  feparati  and  d\'iih3  county,  by  the  name  of  Bute  county,  -^| 

WHEREAS  the  great  extent  of  the  refpeftive  coumles  of  New-Hanover  and   Bladen,  render  tfctf ' 
attendance  of  the  inhabitants  of  St.  Philip's  parifh  in  New-FIanovef  county,. and  th.e  inhabitants  of 
the  lower  part  of  Bladen  cdunty,  to  do  pubHc  duties  in  tl^ir  refpeciive  counties,  extremely   difficuii;  arjd 
expeiifive: 

II.  Be  it  ena&edby  the  Governor.,  Council  and  Ajjlmhly,  and  by  the  authority  of  the  fame.  That  that  partof  B'a- 
den  county  v/hich  lies  to  the  weftward  of  the  North-weft  branch  of  Cape-Fear  river,  be  divided  from  th<i 
upper  part  of  Bladen  county,  by  a  line  beginning  at  the  upper  corner  of  a  traft  of  land  on  wliich  the 
plantation  of  John  Grange  is  fituate,  above  the  mouth  of  Beaver-dam  creek,  which  plantation  lately  belong- 
ed to  Mr.  Robert  Howe,  running  from  thence  a  dircfk  courfe  to  the  eaft  fide  of  the  lake  on  Waggamiw 
river  ;  and  from  thence  by  a  weft  line  to  the  bounds  of  the  province,  fo  as  to  leaVe  all  the  nihabitants  on  the 
laid  lake  in  Bladen  county  :  and  that  the  faid  lower  part  of  Bladen  county,  together  with  all  that  part  of 
New-Hanover  county  called  St.  Philip's  parifti,  except  fo  much  thereof  as  lieth  to  the  northweftward  of 
the  dividing  line  hereby  dire£ted  to  be  run  to  the  lake,  and  front  thence  to  tlve  bounds  of  this  province..^ 
be.  ere£led  into  a  diftinfl  county,  by  the  name  of  Brunfwick  county.  j.! 

in.  And  be  it  further  enaSied  by  the  authority  aforefaid,  That  all  that  part  of  St.  Philips  parifli  which  lleth" 
to  the  northweftward  of  the  faid  line,  to  the  eaft  end  of  the  lake,  and  from  thence  to  the  bounds  of  the" 
province,  be  annexed  to  and  it  is  hereby  declared  to  be  part  of  Bladen  county. 

From  the  fourth  to  the  fourteenth  fcEHons^  incluftve^  altogether  of  d  private  or  a  temporary  Mature^  and  thert'j 
fore  not  itiferted. 

XV.  And  whereas  by  reafon  of  the  large  extent  of  th^  ctfnrity  of"  (jranville,  it  is  greatly  inconvenien! 
for  the  inhabitants  to  attend  the  courts  of  the  faid  county,  genetial  mufters,  and  other  public  duties  by  la 
required  :  Be  it  enafted  by  the  authority  aforefaidj'Yh.zVitom  and  after  the  tenth  day  of  June  next,  the  faid 
county  of  Granviilo,  ftiall  be  divided  inta  two  diftin£t  counties  :  and  that  all  that  part  of  the  faid  count;; 
which  is  now  called  or  known  by  the  name  of  the  parifh  of  Granville,  from  and  after  the  faid  tenth  day  q 
June,  ftiall  be  a  d}ftin£b  county,  and  remain  to  be  called  Granville  county  ;  and  that  all  that  part  of  the  fa; 
county  called  and  known  by  the  name  of  St.  John^s  pafriih^  fhall,  after  the  faid  tenth  day  of  June,  be  ow 
other  diftin£t  county,  called  by  the  name  of  Bute  county .- 

Ihe  remaining  fe£iions  altogether  of  a  private  or  temporary  nature,  and  therefore  not  inferted. 


w 


^HAP.  17.     An  aSi  directing  ihe  boundary  line  between  the  counties  tf  Dobbs  and  Pitt,  and  appointing  cemmi/fiOHers  to  fet  l 

fame  run.  ' 

"HEREAS  by  fa)  the  a£t  of  aflembly,  entitled  «  An  a£t  fot  erefting  the  upper  partof  Beaufort  coun! 
into  a  county  andparifh,  by  the  name  of  Pitt  county,  and  St.Mitchael's  parifti  and  for  adjourning  thi 
courtfrom  the  court-houfe  on  the  land  of  Thomas  Bonner,  to  the  court-houfe  in  Bath  town,  and  other  p\rf 
pofes  therein  mentioned,"  no  commrffioners  were  appointed  bv  the  faid  a£k  for  running  the  boundary  line  be 
tween  the  counties  of  Dobbs,  and  Pitt :  by  reafon  whereof  the  line  has  never  been  run,  and  the  inhabitant] 
within  the  difputed  bounds  refufe  to  give  in  a  lift  of  their  taxables  or  pay  tlieir  taxe*  in  either  of  the  f^i 
counties  :  for  remedy  whereof. 
Commissioners       H.  Be  it  eHaSied  by  the  Governor,  Council,  and  AJfembly,  and  by  the  authority  of  the  fame.  That  Mr.   Rich- 
dividi.""]"*^**'^  ard  Cafwel!,  Mr»  John  Simpfon,  and  Mr.  William  Wilfon,  be  appointed  commiffioners,  and  they  are  here 
ivj  wg  lae.  empowered  and  required  to  run  the  faid  dividing  line  between  the  counties  of  Dobbs  and  Pitt  ,•  fronj 

Blount's  ford  on  Little  Cotentney  creek,  to  Luke  Whitels,  then  up  the  Middle  Swamp  to  William  Wilfon^ 
and  from  thence  to  the  neareft  part  of  Edgcomb  county  .'  which  faid  lines,  when  run  by  the  commiflio;itei 
ers  aforefaid,  or  any  two  of  them,  fhall  be  by  them  entered  on  record  in  the  court  of  each  of  the  fa,ii 
counties  of  Dobbs  and  Pitt,  and  fhall  thereafter  be  deemed  and  taken  to  be  the  dividing^lines  between  the 
faid  counties. 
III.  Temporary. 
CHAP.  18«  An  aB  for  altering  the  dividing  line  between  the  counties  of  Sladen  and  Cumberland. 

'HERE  AS  the  dividing  line  between  the  counties  of  Bladen  and  Cumberland,  running  north-eaft 
and  fouth-weft,  is  found  to  be  inconvenient  to  the  inhabitants  of  both  the  faid  counties ; 

(a J  The  Word  '^  ^"  is  not  in  Uw  originiiI|  and  I  >tipf.Oa«  vri»  omitted  b/  mistjike. 


w 


3 


it.  Be  it  enacted  by  the  Governor^   CgurdI,  and  Affemblyt  end  by  the  authrity  of  the  famei  X^at  from  and     1764.,   151 
bfter  the  paiTing  of  tiiis  a6:,  the  dividing  3ine  between  the  faid  counties  of  Blnden  and  Cumberland  ftiall  '-.-v-«0 
begin  at  the  mouth  of  Rockfifh,  and  ihail  run  a  due  eaft  courfe  to  Black  river,  and  from  the  mouth  of  Dividing  line. 
Rbckfifli  creek,  up  the  faid  creek  to  Gravely.  Hill,  and  from  thence  a*  due  weft  courfe  to  drowning  creek  j 
and  all  the  lands  to  the  northward  of  the  faid  line  fhall  from  henceforth  be*   deemed  and  held  to  be  a  part 
of  Cumberland  county,  and  all  the  hnds  to  the*  fouthward  of  the  faid  line  (hall  be  dsemed  and  held  to  be 
a  part  of  Bladen  county  ;  any  law  to  the  contrary  notwithftanding. 

Ill,  jindbe  it  further  endSied  by  the  authority  ajorejaidy  That  Mr.  Ifaac  Jones,.  Mr.  Farquhard  Campbell,  Coirm^ssioners 
and  Mf.  Walter  Gibfon,  be,  and  are  hereby  appointed  and  authorifed  commiflioners,  and  are  hereby  em-  ^"^  "inning  iu 
powered  and  direfted  to  run  the  faid  line  between  the  faid  counties  of  Bladen  and  Cumberland. 

The  remaining  feclisns  altogether  of  a  private  tr  a  temporary  nature. 

An  aStfor  annexing  part  of  Craven  county  to  Dobbs  county.  CHAP.  19 " 

WHEREAS  the  inhabitants  refiding  in  that  part  of  Craven  county,  lying  on  the  fouthernmoftfide  of  i 
the  fouthweft  creek,  and  the  upper  branches  of  Trent  river,  labour  under  great  hardfhips,  fa- 
tigue arid  inconveniences,  in  attending  the  inferior  courts,  and  other  public  meetings  \r\.  the  faid  county  at 
Newbern,  where  the  fame  are  generally  held  and  called  }  and  as  the  faid  inhabitants  are  more  contiguous 
to  Dobbs  county,  where  they  can  with  greater  eafe  and  convenience  attend,  and  are  defirous  of  being  an- 
nexed thereto.  - 

•  II.  Be  it  enaBed  by  the  Governor ^  Council  and  Affemblys  and  by  the  authority  of  the  fame^  That  Mr.  Jofeph  Commissioners 
Leech,  Mr.  Richard  Cafwell,  and  Mr.  Francis  Mackilwean,  be,  and  they  are  hereby  appointed  commiffi-  ^"^  """»"£  ^'^ 
oners  ?  and  they,  or  a  majority  of  them,  are  required  and  dire£ted,  within  three  months  after  the  paffiqg  '"^^' 
of  this  aft,  to  ran  and  mark,  or  caufe  to  be  run  and  matked,  a  line  from  the  fouthweft  bridge  near  James 
Caddeli's,  to  Carnegy's  old  field  on  Rattle- Snake  branch ;  then  a^direft  line  to  William  Randal's  mill    on 
Trent  river ;  then  to  the  place  where  Abraham  Bailey  lately  lived  .•  and  from  thence  fouth  to  the  bounds 
of  Onflow  county  ;  and  that  all  that  part  of  Craven  County  lying  to  the  weft  ward  of  thofe  lines  be  annex- 
ed to  Dobbs  county ;  and  the  inhabitants  thereof  fhall  be  liable  and  fubjeft  to  the  fame  duties,  taxes  and 
impofitions,  and  entitled  to  the  fame  privileges,  benefits,  and  advantages,  as  the  other  inhabitants  of  the 
faid  county  of  Dobbsi 
III.  Private  and  temporary. 

_IV.  And  be  it  further  enaBed  by  the  authority  aforefaid^  "That  all  and  every  aft  and  a£ls  of  Aflembly  of  Repealltigf 
:hi8  province,  and  each  and  every  claufe  and  article  thereof,  fo  far  as  relates  to  any  matter  or  thing  within  '^'*"^' 
,he  purview  of  this  aft,  is  and  are  hereby  repealed  and  made  void,  to  all  intents  and  purpofes,  as  if  the 
[ame  had  never  been  made. 

THE   TITLES   OF  fliE  PRIVAtE   ACTS. 

[1  An  aa  Tot  erefling  in  the  town  oF  Halifax  a  public  gaol,  and  jcHfe  in  the  said  county  tat  the  several  v«ars  the^rfh  hitm 

gaoler's  house,  for  the  distria  of  Halifax,   m  this  pro-  tioned.  ^  """* 

n  A    ^'J'?*  1    •                    u   -^v  1.-            i.  ..             ,  ^^  ^**  *^  ^°'  ascei-taining  a  proper  place  for  building  thereat  a 

2  An  aa  for  laying  a  tax  on  the  ihhsbitants  of  the  several  Coun.  coUrt-house,  clerk's  office,  prison  and  stocks  for  the  coun 

ties  of  the  district  of  Salisbury  superior  tourt<  to  repair  ty  of  Edgcomb.                                            ' 

th^  public  jail  thereof.  20  An  «a  for  the  building  a  house  for  a  school,  and  the  residence 

15  An  aa  to  empower  the  sheriff  of  the  county  of  Orange   for  «f  a  school-master,  in  the  town  of  Newbern 

the  time  being,  to  coiled  and  apply  the  arrears  of  the  ta:tes.  * 

Signed  by  ARTHUR  DOBBS,  Efq.  Governor^ 
James  Murray,  Prefident, 
John  Ashe,  Speaker. 
j     JRead  three  times  and  ratified  in  open  Assembly,  the  9th  day  of  March,  1764. 
'  5  Not  in  tht  original^ 


1522,1764.. 


Arthur 
DoBBS,  Esq. 
Governo*. 


At  an  ASSEMBLY,  begun  and  held  at  Wilmington,  the  Thirtieth  Day  of 
January,  in  tb.e  Fifth  Year  of  the  Keign  of  our  Sovereign  Lord  GEORGE 
the  Third,  by  the  Grace  of  God,  of  Great-Britian,  France  and  Ireland, 
King,  Defender  of  the  Faith,  &c.  and  from  thence  continued,  by  Proroga-i 
tion,  to  the  Twenty-fifth  Day  of  Oaober,  in  the  Year  of  our  Lord  One 
Thousand  Seven  Hundred  and  Sixty-four  :  Being  the  Second  Session  of 
this  present  Assembly. 


CHAP.  1.  An  <tB  to  amend  and  continue  an  oB,  entttkd.  An  aft  for  dividing  this  province  Into  five  feveral  diftrifts, 
and  for  eftablifhing  a  fuperior  couit  of  juftice  in  each  of  the  faid  diftrifts,  and  regulating  the  proceed- 
ings therein.     EXP. 

C^JAP.  2,     .  J„  aa  to  amend  and  continue  an  act,  entitled.  An  aa  to  eftablifh  inferior  courts  of  pleas  and  quarter  feflioni 

in  the  feveral  coyntie?  in  this  province,     exp. 

CHAP,  3.       Jin  act  for  continuing  and  amending  an  act,  entitled,  an  aft  direaing  the  method  of  appointing  jurymen  in  all 
Seep.  77,  note  raufes.  Criminal  and  civil,     exp. 

©nch.  8.  •     .  \' 

CHAP.  *,       An  aafor  rendering  more  effictual  the  laws  making  lands  and  other  rtalejlates  Uable  to  the  payment, 

Kep.  by  procUr  of  d&btSt 

j^  actio prtvmt  the  exportation  o/unmerekantabUcomtflodities.     exb. 


niatioM. 

CflAP. 

5, 

CHAP, 

6. 

Rep.  2,1777,18, 

CHAP. 

8. 

Al 


act  Ferugulat'ng  the  pilotage  ofC<ipe-Feir  river,  and  other  pur pofes. 


SeAions  of  an. 
»<R  repealtcl^ 


An  act  to  amend  on  act  therein  mentioned,  concern  ng  fnvants  ov.djlavn. 

WHEREAS  by  the  fourth,  fifth,  and  fixth  feftions  t>f  an  aft  pf  Affembly  gf  t»us  proymce,  pafTe^;. 
in  the  vear  of  our  lord  one  thoufand  feveij  hundi'ed  and  fiftyeighi,  eutuled,  AnaddUtomUct  t^s 
an  act,  entitled.  An  aft  conc^jning  fervan^s  and  flaves,  it  .U  eA?aed,  that  np  male  flave  ft,alj,  for  the  firll . 
ofF^nce,  be  condemned  to'^eath,  unlefs  for  murder  or  rape,  tut  for  every  oth^r capital  crj me  (hall,  for  th^S 
M  offence  Mf'caftration,  and  that  the  court  hying  fuchflayeM  /,a, /•«.,' 

^11.  Be  it  enaaedbythe  o6vernor.  Council,  and  Aff.mUy,  and  tt  ts hereby  enacted  by  the  authortty  of  the/am^, 
That  the  faid  fourth,  fifth,  and  fixth  fedions  of  the  aforefaid  aft,  be,  and  are  hereby  repealed  and  mad«- 
void.  -         ■■' 

III.  Rep.  by  actf  Ijloy.  18,  1786,  Ch.  17, 


CjHAP.    9 

]Provided  for  by  subsequent  afls 

CHAP.    H. 


An  act  to  prevent  huntin0r,  wd  killing  *«",  in  the  fanner  therein  mentioned. 


Dividing  line. 


An  act  for  altering  the  boundary  liffe  between  (he  (ountm.  of  Northampton  andHertord. 

WHEREAS  by  the  ad  of  Aflembly  for  eftabliflung  the  county  of  Hertford,  .t  hath  by  expener 
been  found  not  fo  convenient  for  fame  of  tl;e  lower  inhabitants  of  Northampton  county  as  « 
bv  the  faid  aft  intended  :  for  remedy  whereof,  ,     •.      r  .i    /-         Ti,.>f  fr^m  ai 

^I    Be  it  enaBed  by  the  Governor,  Ccu.cU,  and  Affembly,  and  by  the  authority  '>fpf^^  3  NoTamV 
after  the  f^rft  day  of  March  next,  the  dividing  line  between  the  faid  coumies  of  Hert/ord  and  NortliamF" 


on  (hall  be  altered  as  followett,  to  wit,  beginning  on  Kirby'e  creek,  wliere  the  dividing  line  joins  the  faid  2,1784.  153 

reek,  running  thence  up  the  creek  to  the  fork  thereof  ;  then  up  Turkejr  creek  to  Maple  fork ;  thence  by  (.^^v^^      ^ 

dire^  fouth  courfe  till  it  interfefts  the  prefent  dividing  line. 

'  III.  And  be  it  further  emiEled  by  the  authority  aforefatd.  That  Jofeph  Sikes,  William  Murphey,  and  Ben-  Commissionerj 

imin  Wynns,  or  the  majority  of  them,  are  hereby  appointed  commilUoaers  to  run  the  faid  line-;  which  f«^"«>^"ng »' 

hall  be  done  at  the  proper  coft  and  charges  of  the  county  of  Hertford. 

'   IV.  Altegethtr  of  a  private  nature.. 

THE    TITLES    OF    THE    PRIVATE    ACTS. 


1'  An  adl  for  j-egulat"ng  proceedings  in  the  court  held  for  the 

1  borough  of  Wikrtington. 

1:0  An  aft  for  enlarging  the  time  for  saving  lots  in  the  tcrwn  of 
Halifax,  and  other  purposes. 

.1  An  an  a<a  to  encourage  and  empower  William  Dry  to  make  a 
pjblic  road  through  .the  gteat  island  apposite  to  the  bo- 
rough of  Wilmington. 

t2  An  a<l  to  confirm  the  vestry  already  chosen  for  the  parish  of 
St,  J«hn,  in  t^e  county  of  Bute  i  and  to  enable  the  free- 


holders of  the  parishes  within  the  counties  of  Pasquotank, 
Anson  and  Currituck,  to  eledl  vestries. 
13  An  aft  to  prevent  the  unreasonable  destruiflion  of  fish  in  the 
rivers  Meherrin,  Peedee  and  Catawba. 

15  AnaS  to  continue  an  aft  theiein  mentioned. 

16  Aa  aA  fer  therelief  of  Abraham  Jones,  esq.  former  sheriS'of 

Edgcomb  county, 

17  An  aft  to  enerease  the  salary  of  theiVeverend  Thomas  Burges, 

minister  of  Edgcomb  parish,  in  the  county  of  Halifax. 


Signed  by  ARTHUR  DOBBS,  Efq.  Governor,    \ 
James  Murray,  Prefident, 
John  AsHE,|5/>wlfr; 
Read  t^ute  timet  and  ratified  in  span  Assembly,  the  71^  day  of  Novetriberjx^7'64| 


VojL.!. 


Er 


154   1765. 


4<n>w-i*.i-ii>vn>vJ)'i)i'i»H,W.i"  »i»iii  iimi 


mittbataatm 


sf 


William      At  an  ASSEMBLY,  bcgun  and  held  at  Wilmington,  the  Third  Day  of  Fe*om 

Tryon,  Esq.  '         O  _         o  7  / 

Lieutenant  Go- 
vernor. 


ary,  in  the  Fourth  Year  of  the  Keign  of  our  Sovereign  Lord  GLORGE 
the  Third,  by  the  Grace  of  God,  of  Great*Britain,  France  and  Ireland- 
King,  Defender  of  the  Faith,  &cc.  and  in  the  Year  of  our  Lord  One  Thou' 
sand  Seven  Hundred  and  Sixty-four ;  and  from  thence  continued,  by  st» 
veral  Prorogations,  to  the  Third  Day  of  May,  in  the  Fifth  Year  of  thf 
Reign  of  our  said  Sovereign  Lord  GEORGE  the  Third,  he.  and  in  tht 
Year  of  our  Lord  One  Thousand  Seven  Hundred  and  Sixty-five  ;  to  ht 
then  held  at  Newbern ;  Being  the  Third  Session  of  this  present  Assefl|j 
bly. 


CHAP.   1. 

See  note,  p.  57. 


Aft  aB  for  (stailishing  an  orihodox  chfgy^ 
THE  TITLES   OF   THE  PRIVATE   ACTS. 


2  An  afl  for  opening  and  cutting  two  roads  from  tVie  Ferry  on  4  An  a^  to  empower  the  sheriff  of  Orange  county  to  co'le^a»iS 

the  Northwest  river,    opposite   Eagle's  island,   in  Brun*  of  one  shilling  and  sixpence,  proclamation  money,  laid  oi 

swick  county,  and  other  purposes  the  taxable  persons  in  the  said   county,  by  an  afl  ci' n; 

3  An  aa  eonfirmiiig  the  title  of  William  Dry,  esq.  to  certain  sembly  of  ihis  province,  passed  in  the  fourth  year  of  th) 

lands  therein  mentioned.  reign  of  his  present  majesty. 

Signed  by  WILLIAM  TRYON,  Efq.  GoverMr^ 
James  Hasell,  Prtlident, 
JoHH  Ashe,  SptaitA 
^        Read  three  tiiB«s  and  ratifitd  in  tftn  Assembly,  the  llth  day  of  May,  »nno  dom.  1765". 


].766.   155 


At  an  ASSEMBLY,  begun  and  held  at  Newbern,  the  Third  Day  of  Novem.  ^'i-^am 
ber,  hi  the  Seventh  Year  of  the  Reign  of  our  Sovereign  Lord,  G£ORGK  Gc^rl'or^^^' 
the  Third,  by  the  Grace  of  God,  of  Great-Britain,   France  and   Ireland 
King,  Defender  of  the  Faith,  he.  and  in  the  Year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  Sixty-six  :  Being  the  First  Session  of  this  present 
Assembly. 


jitt  aSifor  oppoint'tng  a  public  trtofurcr  in  the  room  of  John  Starhey,  Efq.  decea/td.  thap.   1. 

R^.  1767,  7. 
An  aB  for  ireSiing  h  eonH)enient  building  within  the  town  of  Ntwbertt,  Jor  the  reftdence  of  the  Gtvermr  or  com-  chap.  2. 

mander  in  chief  for  the  time  being. 
]  ^iTTHEREAS  it  is  necetfary  that  a  convenient  edifice,    for  the  refidence  of  the  Governot  or  comnian- 
'W    der  in  chief  for  the  time  being  within  this  province,  be  erefted  : 

II.  Be  itthtrefore  endBedby  the  Governor  f  Cotiticily  and  Affembly^  and  by  the  authority  oj  the  fame.  That  his  Governor  em- 
Excellency  William  Tryon,  Efq.  Governor  and  commander  in  chief  in  and  over  this  his  majefty's  pro-  Powered  to  pur. 
Vince  of  North-Carolinaj  be,  and  18  hereby  authorifed  and  empowered  to  pirchafe  any  number  of  lots  of  buMancditke. 
land,  not  exceeding  twelve,  lying  within  the  limits  and  boundaries  of  the  town  of  Newbern,  in  any  part 
of  the  faid  town  he  (hall  think  moft  proper  and  convenient ;  and  to  take  and  receive  one  or  more  deed 
tst  deeds,  fufficient  in  law  fot  the  conveying  the  fame  to  himfelf  and  his  fucceflbra,  Governors  and  com- 
(nanders  in  chief  of  this  province ;  and  upon  fuch  conveyance  and  conveyances,  his  Excellency  the  Go- 
ternor  is  hereby  requefted  and  empowered,  as  foon  a?,  may  be,  to  contract  and  agree  with  proper  per- 
liRls  for  defigning,  ereding^  and  completely  finiftiing  a  good  dwelling-houfe,  with  all  neceflary  offices, 
for  the  ufe  of  himfelf,  and  his  fucceflbrs.  Governors  and  commanders  in  chief,  in  and  over  this  province ; 
»nd  that  the  planning,  defigiling,  building,  and  finifhing  the  faid  edifice  and  offices,  fliail  be  under  the 
fole  direftion  and  management  of  his  Excellency  the  Governor,  or  fuch  perion  br  perfons  as  he  {hall  ap- 
Jjoint,  till  the  fame  is  Completely  built  and  finiftied  :  And  the  faid  lots  of  land,  with  the  houfes,  build- 
ings, and  other  edifices  thereon  to  be  erected,  fhall,  and  is  hereby  direfted  to  be  for  the  ufe  of  his  Ex- 
tellency  the  Govemor,  and  his  fucceflbrs  j  Governors  and  commanders  in  chief  in  and  over  this  province, 
fbrever. 

'    III.  And  it  it  further  thaUed  by  the  aiUhority  aforefaidy  That  his  Excelleiicy  the  Governor,  as  often  as  he  Empowered  to 
Ihall  have  occafion  of  money  for  the  purpofes  aforefaid,  may,  and  is  hereby  authorifed  to  iffue  his  war-  ^^^'  ^<^- 
Irant  to  one  orbbth  of  the  treafurers  of  this  province,  requiring  him  or  them  to  pay  fo  much  money  as  he 
fliall  have  ocCafioh  for,  not  exceeding  the  fum  of  five  thoufand  pounds,  proclamation  money  5  which  the 
iaid  treafurers  are  hereby  required  to  pay  to  his  Excellency  the  Governor,  upon  his  warrant,  out  of  the 
iacmey  apptopriate^  by  aift  of  Aflembly  for  erefting  of  public  fchools,  and  purchafing  glebes. 

IV.  And  for  rejAacing  the  faid  fum  of  fivfe  thoufand  pounds  into  the  hands  ef~tlie  treafurers  of  this  Tax  laid, 
j^nivmce  by  the  time  appointed  for  the  finkitig  of  the  fame;  Be  it  enacted  by  the  Governor,  Council^  and  jtf^ 
fembly,  and  by  the  authority  bfthefantei  That  ah  annual  poll  tax  of  eight  pence,  proclamation  money,  be 
4bvied  bn  each  taxable  perfon  in  this  proviiicte,  for  and  during  the  term  of  two  years,  from  and  after  the 
firfl  day  of  January  next }  to  be  colle£ted  by  the  IherifFof  each  refpeiftive  county,  on  or  before  the  firft 
^y  of  March  in  each  year/  And  that  all  and  every  perfon  neglecting  to  pay  the  faid  tax  at  the  faid  firft  day 
tof  Match,  fliall  be  liable  to  fuch  diftrefs,  to  be  made  by  the  fheriff,  as  for  non-payment  of  other  taxes  { 
«hd  the  flieriflF of  each  refpeiftive  county  fliall,  oh  or  before  the  tenth  day  of  June,  yearly,  pay  into  the 
hands<^of  the  public  treafuret  of  the  diftridt,  all  fuch  fums  df  ttioney  as  each  and  every  one  of  them  ihall 
fcave  received  in  virtue  of  this  zQt,  under  the  fame  regulations  and  dirediions,  and  like  finej  ^nd  pen- 
alties, as  are  directed  and  infilled  in  other  adts  for  coUefting  of  public  taxes, 


Additional  du 


1 5$  1  "166.  V.'  JtiJ  he  it  funhef  enadei  hj  the  authority  a  fofifal J, Thit  an  additional  duty  of  two  pen^e,  proclamatiwi 
money,  be  paid  for  everf  gallon  of  wine,  ram,  and  diililled  liquors,  imported  into  this  jiirovince,  either 
by  land  or  water,  from  any  port  or  place  whatfoerer  (Great-Britain  excepted)  after  the  firft  day  o€ 
January  next,  for  and  during  the  term  of  two  years  next  enfuing  ;  which  faid  additional  duty  {hall  be 
collefted  by  the  fame  olHcers,  and  accounted  for  in  the  faime  manner,  and  under  the  fame  regulations, 
as  other  duties  on  wine,  rum,  and  diftilled  liquors  imported  into  this  province,  are  direfted^  and  paid 
into  the  hands  of  the  treafurers,  towards  raifing  the  faid  fum  of  five  thouland  pounds  for  the  ufes  and 
purpofes.as  in  tliis  a£l  direfled. 


CHAP.    3. 

1,  1-S4    22. 
%  1,-84,  10. 
1787,  14. 
Intestates  es- 
tates how  dis- 
tr.butcd. 


Repealing 
clause. 
Ante,  p.  12. 


Aft  aSl  appointing  the  methad  of  diftributin^  intejlates  tjiates. 
I,   yrylL  it  enaBed  hy  the  Governor y  Council^  and  AJJemhljy  and  by  the  authority  ofthefamey  That   all  and 

13  every  perfon  or  perfons  to  whom  adminiftration  on  the  eftate  of  any  perfon  decaafed  ftiaW  here* 
after  be  granted,  (hall  diftribute  thefurplus  of  fueh  eftate  in  manner  foll®wing  ;  that  is  to  fay,  one  third 
part  of  the  faid  furplus  to  the  wife  of  the  inteftate,  and  all  the  reft  by  equal  portions,  to  and  amongft 
the  children  of  fuch  perfon  dying  inteftate,  and  fuch  perfons  as  legally  reprefent  fuch  children,  in  cafe 
any  of  the  faid  children  be  then  dead,  other  than  fuch  child  or  children  (not  being  heir  at  law)  who  fliail 
have  any  eftate  by  the  fettlement  of  the  inteftate,  or  (hall  be  advanced  by  the  inteftate  in  his  lifetime,  by 
portion  or  portions,  equal  to  the  (hare  which  (hall  by  fuch  diftribution  be  allotted  to  the  other  children  to 
whom  fuch  diftribution  is  to  be  made  :  And  in  cafe  any  child,  other  than  the  heir  at  law,  who  (hail 
have  any  eftate  by  fettlement  from  the  faid  inteftate,  or  (hall  be  advanced  by  the  faid  inteftate  in  his  life- 
time, by  portions  not  equal  to  the  (hare  which  (hall  be  due  to  the  other  children  by  fuch  diftributions 
as  aforefaid,  then  fo  much  of  the  furplus  of  the  eftate  of  fuch  inteftate  to  be  diftributed  to  fuch  child  or 
children  as  (hall  have  any  land  by  fettlement  from,  the  inteftate,  or  were  advanced  in  the  life-time  of 
the  inteftate,  as  (hall  make  the  eftate  of  all  the  faid  children  to  be  equal,  as  near  as  can  be  eftimated  ; 
but  the  heir  at  law,  notwithftanding  any  land  that  he  (hall  have  by  defcent,  or  otherwife,  from  the  in- 
teftate, is  to  have  an  equal  part  in  the  diftribution  with  the  reft  of  the  children,  without  any  confidera- 
tion  of  the  value  of  the  land  which  he  hath  by  defcent,  or  otherwife,  from  the  inteftate  :  And  in  cafe 
there  (hould  be  no  children,  nor  any  legal  reprefentatives  of  them,  then  one  moiety  of  the  faid  eftate  tp 
be  allotted  to  the  wife  of  the  inteftate  •,  the  refidue  of  the  faid  eftate  to  be  diftributed  equally  to  every  of 
the  next  of  kin  of  the  inteftate  who  are  in  equal  degree  and  to  thofe  who  legally  reprefent  them :  Pfft- 
videdy  That  there  be  no  reprefentatives  admitted  amongft  collaterals  after  brothers  and  fifters  children. 
And  in  cafe  there  be  no  wife,  then  all  the  faid  eftate  to  be  diftributed  equally  to  and  amongft  the  children  ; 
and  in  cafe  there  be  no  child,  then  to  the  next  of  kindred,  in  equal  degree,  of,  or  unto  the  inteftate,  and 
their  legal  reprefentatives  as  aforefaid,  and  in  no  other  manner  whatfoever.  And  if  after  the^^death  of 
the  father,  any  of  his  children  (hall  die  inteftate,  without  wife  or  children,  in  the  lifetinie  of  the  mother, 
every  brother  and  fifter,  and  the  reprefentative  of  them,  fliall  hjve  an  equal  (hare  with  the  .mother  of  thf 
eftate  of  the  child  or  children  fo  dying  inteftate. 

II.  And  be  further  eniBed  by  the  authority  aforefaid.  That  fo  much  of  an  a£t  of  Aflembly,  entitledi  "  An 
a£l  concerning  proving  wills,  and  granting  letters  of  adminiftration,  and  to  prevent  frauds  in  the  man- 
agement of  inteftates  eftates,"  as  is  within  the  purview  of  this  a6t,  if  hereby  repealed  and  mad^ 
void.  '      '  . 


CHAP.    4-. 
Ante  p.  118. 


An  a(t  for  the  relief  of  fuch  perfons  as  have  fuffered,  or   mayfuffer,  hy  not  hav-ng   had  their  deeds  and  mefm 
conveyances  proved  and  regiffered   ivithin  the  time  heretofore  appointed  for  fuch  purpofes. 

WHEREAS  by  anadt  paflTed  at  Newbern,  in  the  year pf  our  Lord  one  thoufand  feven  hundred  and 
fifty-four,  entitled,  «  An  ad  for  the  relief  of  fuch  perfons  as  have  fuffered,  or  may  fufter,  by 
not  having  had  their  deeds  and  mefne  conveyances  regiftered  and  proved  within  the  time  heretofore  ap- 
pointed for  fuch  purpofes  ;  and  to  prevent  difputes  and  law  fuits  concerning  lands  •,"  all  deeds  or  mefne 
conveyances  for  any  lands,  tenements,  or  hereditaments  within  this  province,  were  to  be  acknowledged 
or  proved  according  to  the  dire£l:ions  of  that  aft,  and  delivered  to  the  regiiter  of  the  counties  wherein 
they  are  refpeftively  fituated,  within  the  fpace  of  two  years  from  the  refpeft ive  dates  thereof ;  and  ma- 
ny perfons,  through  ignorance  of  the  purport  of  the  faid  law,  or  other  caufes,  have  neglefted  to  have 
their  deeds  and  mefne  conveyances  proved  and  regiftered  acccording  to  the  diredWons  of  the  faid  a£t  ,• 
For  remedy  whereof, 


11.  Be  It  enacted  by  the  Govermr^  Cmncilt  and  Afemhly,  am! by  theanthortiyofthejame,  That  all  deeds     1766.  157 
and  mefne  ponveyances  of  lands,  tenements  and   hereditaments,  not  already  regiftered,  acknowledged,  (.^orO 
or  proved,  Aall  and  may,  within  eighteen  months  after  the  paffing  this  aQ,   be  ;ir:knowledged,    by  the  Farther  time 
grantor  or  grantors,    Jus  or  their  agents  or  attornies,  or  proved  by  one  or  more  v,i  die   fubfcriblng  wit-  *''''^"^'^" 
neflesto  the  fame,  and  tendered  or  delivered  \o  the  regiflers  of  the  counties  where   fuch  lands,  tene- 
ttients,  or  hereditaments,  are  refpe<flively  fituated  :  And  all  deads  and  mefne  conveyances    whatfoever, 
which  fhall  be  acknowledged  or  proved  according  to  tl>e  diretflions  of  this  aft,    and  alfo,    fuch  as  have 
hfen  heretofore  proved  or  recorded  by  tjie  clerk,  and  regiftered  by  the  regilter  of  any  county,  wherein  Deeds  a'ready 
the  lands  and  tn-nements  mentioned  in  the  fame  lie  or  are  filuate,  though  not  within  two  years  after  the  '*'^°^''^^f/'^'?i'!f' 
^ate  of  the  refpeftive  conveyance,  ihall  be  good  and  valid  in  law,   and  ftiall  enure  and  take  effect,  as  ful-  '  *    * 

ly  and  efiedtually,  to  the  ufe  and  behoof  of  the  grantees,  their  heice  and  affigns,  and  thofe  claiming  un- 
^r  them,  as  if  fuch  deeds  and  conveyance^.'were  acknowledged,  or  proved  and  regiftered  agreeable  to 
the  direftion  of  any  a£t  of  Affembly  heretofore  made. 

y^«  actjer  reviving  and  re'Cnacting  thefeveral  acts  of  AJfemhly  relating  to  the  infpectign  of  tobacco.  cn  ap.  5. 

*  Rep.  1767,  9.  ; 

An  a5f  ts  amend  and  continue  an  act,  entitledy  An  a£t  for  appointing  a  militia,     exp.  chap.  6. 

An  aSi  to  amend  an  a8,  entitled.  An  a£t  for  rendering  more  efFeftual  the  laws  making  lands,  and  other  real  chap.  7. 

eftates,  liable  to  the  payment  of  debts,     exp. 

An  ail  for  facilitating  the  navigation  of  port  Bath,  port  Roanoke,  and  port  Beaufort.  chap.  8. 

nep.  2,177r,l». 

An  aE}  to  amend  an  aSi,  entitled^  Ail  aft  concerning  marriages,  chap.  9. 

WH-EREAS  by  an  aft,  entitled.  An  aft  concerning  marriages,  it  is  enafted,  that  no  minifter,  or  '^"^«>  p-45. 
juftice  of  the  peace,  fhall  celebrate  the  rites  of  matrimony  between  any  perfons,  or  join  them  to- 
gether as  man  and  wife,  without  licence,  or  certificate  of  publication,  as  mentioned  in  the  faid  aft  :  and 
whereas  the  preibyterian,  or  -dilTentijig  clergy,  conceiving  themfelves  not  included  in  the  reitriction  of 
minifteis  mentioned  in  that  aft,  have  joined  many  perfons  together  in  holy  matrimony,  without  either  li- 
cence or  publication  ;  whereby  the  payment  of  the  juft  and  legal  fees  to  the  governor  on  fuch  occafions, 
'    s  been  eluded,  and  the  validity  of  marriages  may  be  endangered  : 

II.  Pe  it  (nacted  by  the  Governor,   Council,  and  AJprnb/y,  and  by  the  authority  ofthsjame.  That  aM  marri-  Marriages  by 
ages  that  have  been,  or  fliall  be  folemnized,  before  the  firfl  day  of  January  next,  by  any  of  the  diflenting  '^'ssentmg  cler- 
Of  prefljyterian  clprgy,  iti  their  accuflomed  manner,  fhall  he,  and  are  hereby  declared  to  be  as  valid,  le-  S^"'^"'"*'*'  ' 
gal,  and  efleftual,  to  all  intents  and  purpoCes,  as  if  perform.ed  by  any  minifter  of  the  church  of  England, 

u;ider  a  licence  taken  and  granted  according  to  the  direftions  of  the  aforefaid  aft. 

III.  And  he  it  further  fvacted  by  the  authority  aforefaid.  That  from  and  after  the  firft  day  of  Januarv  next,  Penalty  for 

no  minifter  of  the  church  , of  England,  or  any  juftice  of  the  peace  within  this  province,  fhall,  under  the  "''a'''') '"? "W'l- 
penalty  of  fifty  pounds,  proclamation  money,    for  every  violation  of  this  aft,  perform,  celebrate,  or  fo-  cence. 
lemnize  any  marriage,  cr  the   rites  of  matrimony,  between   any  perfons  whatfoever,  or  join  them  toge-  1778,  7. 
ther  as  man  and  wife,  without  certificate  of  thrice  publication  of  the  banns,  according  to  the  direftions 
of  the  faid  aft  ;  or  licence  fiift  had  and  obtained,  under  the  hand  and  feal  of  the  governor  or  commander 
in  chief  for  the  time  being  ;  who  is  hereby  authorifed  to  grant  the  fame,  on  certificate  from  the  clerk  of 
the  county  court,  of  his  haying  taken  and  filed  in  his  ofEce,  the    ufual   bond,    in    the   penalty  of   fifty 
pounds,  proclamation  money  ;  with  condition  that  there  is  no  lawful  caufe  to  obftruft  the  marriage  for 
vhich  fuch  licence  is  defired. 

.IV.  Rdattng  to  the  manner  of  procuring  a  licence,  in  cafes  where  the  ^cvernor  omitted  to  fupply  the 
clwks  with  blanks  s  uhichjedion  a  as  repealed  by  ad.  Die.  1770,  Ch.  '2S  :  but  the  fubjeQ  is  now  im.' 
material. 

V.  Providing  for  the  governor  a  fee,  which  is  not  now  due. 

VL  Provided  for  h  ad,   April  HIS,  Ch.  7. 

VII.  And  be  it  further  enaSled  by  the  authority  aforefaid,  That  from  and  after  the  firft  day  of  January  next,  ^>'«sl'yterlan 
tliat  it  fhall  arid-  may  te  lawful  for  any  prefby terian  minifter,  regularly  called  to  any  congregation  in  this  traf/  thorite' 

Vol.  I.    -     •     ■  S  & 


158    1766,    provinccj  to  celebrate  the  rites  of  mattrimony  between  perfons,  and  join  them  together  as  man  and  wife, 
■  in  their  ufual  and  accnftomed  manner;  under  the  fame  regulations  and    reflrlctions,    as  any  lawful  ma- 
giftrate  in  this  province'  might  celebrate  and  folemnize  the  fame. 

VIII.  Prsvided  alivays^  That  all  fuch  marriages  fo  folemnized  by  any  prefbyterian  minifter  as  aforefa:d, 
fliall  be  under  a  licence,  firft  had  and  obtained  from  the  governor,  or  commander  in  chief  for  the  time 
be:ng,  or  by  licence  in  fuch  manner  as  direfted  by  this  act  j  and  that  ali  marriages  folemnized  as  aforc- 
faid,  without  fuch  licence  firft  had,  fliall  be,  and  are  hereby  declared  illegal  and  void. 

Penalty  for   ^        IX.  And  he  it  further  enaSed,  That  any  prefbyterian  minilter,  falemnizing  the  rites  of  matrimony  as  a- 

wise?'"^"''^'"  forefaid,  without  fuch  licence  firft  had,  fiial!,  for  every  fuch  o5eiice,  forfeit  and  pay  the  iv.m  of  fifty 
pounds. 

7 Ins  section,  1        X.  Provided  always,  That  the  minifter  of  the  church  of  £qdkmd,  ferving  the  cure  of  any  parirti,  (hall 

ziiini,  ts  novi re-    '  .i       .  ^        ,    -.       .        -         ..  .  ....  ._  riHL  ..  °     .    -  .'.r  ' 


/eZ'e'J.^"'^'"''^'  ^^^^  *^^  benefit  of  the  fee  for  all  marriages  in  the  faid  parifh,'^he  do  not  refufe  to  do  thefervice  there- 

Comt.^Si:        of,  although  any  other  perfon  performed  the  marriage  ceremony. 

XI.   Providing  a  method  to  compel  an  account  cj  the  governor  s  Uc,  none  oj  which  are  now  due. 

Fines  how  re-         XII.   And  he  it  further  enatled  by  the  authority  aforefaid.  That  the  feveral  fines  and  forfeitures  by  this  a£t 

an^^'  **"*  iiiflifted,  for  which  no  method  of  recovery  or  application  is  herein  before  diredled,  ftiall  and  Inay  be  reco- 
vered by  a£lion  of  debt,  with  cofts,  before  any  jurifdiclion  having  cognizance  thereof;  one  halt  to  die 
ufe  of  the  proiecutor,  and  the  other  half  to  the  parifh  wherein  fuch  penalty  fliall  be  incurred  ;  to  be  ap- 
plied by  the  churchwardens  towards  leflening  the  parifti  tax. 

Kepealing  XIII.   And  be  it  further  ena^ed  by  the  authority  aforefaidy  that  fo  much  of  the  before  recited  aft,  as  re- 

*^*  lates  to  the  granting  or  obtaining  a  licence,  taking  the  bond,  or  making  certificate  contrary  to,  or  in  any 

other  manner  than  direfted  by  this  ait,  fhall,  from  and  after  the  firft  day  of  January  next,  be  repealed, 
and  made  null  and  void. 

CH/p.  10.      An  dfl  far  a  further  allowance  of  commiffions  tojhtrijfj,  and  cclkHors  of  taxes,    and  other  pur pofci^,, 
Allofthisaca  themn  m^ntiomd.        ^  A 

rep- byaflDec.   1767,6,  except  the  last  seflion,  which  is  of  a  private  nature.  •«! 

CHAP.  11.  An  a£i  to  lay  a  tax  on  pedlars,  and  other  itimrant  traders,  coming  into  this  province,     exp. 

CHIP.  12.  An  act  to  amend  an  aEt,  entitled,  An  aft  to  prevent  the  exportation  of  unmerchantable  commodities. 

The a<a amended ET'ied.    Seepage  152. 

CHAP.   13.  An  act  for  appointing  a  printer  to  this  province,     exp. 

CHAP.  14.  An  aSI  to  prevent  the  inhabitants  of  South-Carolina  driving  their  Hocks  tf  cattle  from  thence  to  range  attd  feed  in 
Ante,  p  20,35.  this  province,  and  Other  purpofes. 

Vd,  2  77.         "VTT  ^HEREAS  of  late  years  many  of  the  inhabitants  of  South-Carolina  have  made  it  a  praftice  to  fix 
W    cowpens,  and  fettle  people  with  large  ftocks  of  cattle  (though  they  are  not  owners  of  any  land) 
in  this  province,  which  deftroys  the  range,  and  greatly  injures  the  poor  inhabitants  of  feveral  of  the  coun- 
ties bordering  on  South-Carolina  : 
Persons  not  in-<       IT.  Be  it  therefore  enaBed  by  the  Governor ,  Council  and  AJetnhly,  andby  the  authority  of  the  fame,  That  from  and       , 
***^'ed"fro^"'    ^^^^^  ^^^  pafling  of  this  aft,  it  fliall  not  be  lawful  for  any  perfon.who  is  not  an  inhabitant  of  this  province,  to 
ranging  stock,    ^^  ^"7  cowpen,  or  fettle  or  range  any  ftock  or  number  of  cattle  in  this  province  ;  nor  fliall  any  inhabitant 
£ic.  on  any  account  whatever,  take  charge  of,  or  receive  under  his  or  her  care  or  cuftody,  in  order  to  range  or 

J-  ,        raife  ftock,  from  any  number  of  cattle  belonging  to  an  inhabitant  of  any  other  province,  or  wherein  a  re- 

charge of  cattle  f'dent  of  any  other  province  hath  any  ftiare  or  intereft,  unlefs  fuch  owner  or  keeper  fliall  be  legally  poflefled, 
cfnon- residents  in  hIs  or  her  own  right,  of  a  fufficient  quantity  of  land  for  feeding  the  faid  cattle  on,  allowing  one  hundred 
unless  the  own-  g^res  of  land  for  every  ten  head  of  cattle  ;  and  that  the  owner  or  keeper  of  fuch  cattle  fliall  record  in  the 
Tcett'^ain^pro*"  inferior  court  of  the  county  where  he  or  flie  intends  to  range  cattle,  the  number  of  acres  he  or  ftie  is  legally 
portion  of  land.  pofleiTed  of,  and  whether  it  is  by  patent,  will,  deed,  or  otherwife,  with  the  date  of  fuch  patent,  will,  deed, 
Land  to  be  re-  Or  Other  inftrument ;  and  on  any  trial  for  a  breach  of  this  law,  fuch  record  fliall  be  deemed  good  evidence 
corded.  againft  the  owner  or  keeper  of  cattle,  as  to  the  number  of  acres  fuch  perfon  poflefles  :  and  if  any  perfon 

2'cnftlty.  contrary  to  this  aft  fliall  prefume  to  range,  or  keep  a  larger  number  of  fuch  cattle   than  ten  head  to  every 

hundred  acres  of  land  he,  ftie,  or  they,  fliall  be  legally  pofleflTed  of  as  aforelaid,  and  fo  in  proportion  j  ftU 


e  cattle  exceeding  that  proportion  fhaH  be  forfeited  and  fold  by  the  (herifF  of  the  county  wherein  the  1766.  159 
id  cattle  were  ranged  or  kept,  on  legal  proofmade  to  the  inferior  court  of  the  fame  county,  by  any  free-  v^.*'-*-*..' 
jlder  thereof  ;  the  faid  freeholder  giving  the  owner  or  keeper  of  the  faid  cattle  five  days  previous  notice, 
lat  at  the  next  inferior  court  to  be  held  foi  the  faid  county,  he  intends  to  lodge  a  complaint  againft  fuch 
srfon,  for  ranging  or  keeping  a  greater  number  of  cattle  than  he  is  by  lavi^  entitled  to  range  or  keep  in  tlie 
lid  county  ;  and  on  proof  of  fervice  of  the  faid  notice  perfonally,  or  by  having  a  copy  of  the  fame  left  at 
le  place  of  fuch  perfon's  refidence,  the  faid  inferior  court  (hall,  without  delay,  proceed  to  hear  tiie  com- 
iaitit  in  a  fummary  way,  without  the  folemnity  of  a  jury,  and  determine  according  to  evidence,  and  the 
ghtof  the  matter  before  them  :  and  if  judgment  pafs  for  the  complainant,  the  clerk  fliall  forthwith  iffue 
I  order  to  the  Sheriff  for  the  fale  of  all  fuch  cattle,  agreeable  to  the  judgment  ;  which  fterifF  fhall,  with- 
it  delay,  either  by  himfelf  or  deputy,  execute  the  command  of  the  faid  order,  and  return  the  money  to 
ie  next  court ;  one  third  part  thereof  to  be  paid  to  the  complainant,  one  third  part  thereof  to  be  paid  to  the 
iiurchwardens  of  the  pariih,  for  the  ufe  of  the  poor,  (being  parifliioners)  and  the  remaining  third  part  to 
i  paid  to  the  former  owner  of  the  cattle,  if  called  for  within  twelve  months,  otherwife  to  be  applied  to- 
tarda  the  contingent  charges  of  the  county. 

III.  And  be  it  further  enacted  by  the  authority  aforejaid^  That  any  perfon  now  having  the  care  of  any  ftock  persons  havinf 
rnuihberof  cattle,  the  property  of  an  inhabitant  of  any  other  province,  or  wherein  an  inhabitant  of  any  thecareofn^re 
Jher  province  hath  any  Ihare  Or'  intgreft,  exceeding  ten  head  of  cattle  to  every  hundred  acres  of  land  fuch  ^g  jfi^^^s^olj^! 
ivner  or  keeper  fliall  be  poiTeffed  of  as  aforefaid  \  the  perfon  in  whofe  care  the  faid  cattle  are,  (hall  within  mo^g  theover" 
ft  months  next  after  the  paffing  of  this  aft,  remove,  or  caufe  the  faid  overplus  cattle  to  be  removed  out  plus. 

:  the  faid  county  ;  under  the  penalty  of  forfeiting  the  fame,  by  judgment  of  the  inferior  court  of  the 
^unty  ;  under  the  fame  rules  and  regulations  aforefaid. 

IV.  And  whereas  much  lofs  or  damage  has  often  enfued  to  the  inhabitants  of  this  province,  from  dif-  certificate  ne- 
(mpered  cattle  being  drove  through  the  fame  .-  for  remedy  whereof.  Be  it  enaEied  by  the  authority  afore-  cessary  to  emi- 
idf  That  from  and  after  the  paflipg  of  this  adl,  no  perfon  or  perfons  whatever,  fliall  drive  any  cattle  into  ''e  a  person  to 
us  province,  or  from  one  county  to  another,  without  having  with  him  or  them  a  certificate  or  certificates,  ^^Jl^^  provfnce" 
nder  the  hand  and  feal  of  a  Jultice  or  Juftices  of  the  Peace  of  the  county  where  the  cattle  were  feverally  o,  f,om  one 

id  refpediively  purchafed  or  brought  ,•  fetting  forth,  that  oath  had  been  duly  made  by  the  refpeflive  county  to  an- 
wners,  that  fuch  cattle,  at  the  time  of  the  purchafe  or  removal,  were  found,  and  free  from  ahy  diltcmper  °'^*'"' 
r  infeftion  ;  and  that  no  diftemper  or  infeftion  were  known  to  be  among  cattle  at  that  time  witliin  five 
(iles  from  the  place  whence  they  came  ;  and  fliall  likewife  mention  the  mark  and  brands  of  the  faid 
kttle. 

V.  And  he  it  further  enaBed,  That  every  perfon  or  perfons  who  fliall,  after  the  pafling  ©f  this  a£t,  drive  Penalty, 
[ly  cattle  into  this  province,  or  from  one  county  to  another  within  the  fame,  without  fuch  certificate  or 
srtificates  as  aforefaid,  fliall  forfeit  and  pay  for  every  fteer,  bull,  cow,  calf,  or  heifer,  refpe<flively,  for 

^hich  he  fliall  have  no  certificate,  the  fum  of  forty  fliillings  ;  to  be  recovered  by  a  warrant  before  any 
uftice  of  the  Peace  of  the  county  where  fuch  cattle  fliall  then  be,  and  be  levied  on  the  body,  goods  and 
battels  of  the  delinquent  or  deHnquents,  for  the  ufe  Of  the  county  :  and  every  perfon  driving  cattle  as  a- 
^refaid,  is  hereby  required  and  directed  to  produce  a  certificate  or  certificgt^es  as  aforefaid  at  the  requeft 
f  any  perfon,  a  refident  in  the  county  wherein  fuch  cattle  are  ;  and  upon  his  refufal  fo  to  do,  on  complaint 
jiereof  made  to  any  Juftice  of  the  Peace  in  the  faid  county,  fuch  Juftice  is  hereby  empowered  and  dire£ted 
i)  ifiiie  a  warrant  to  bring  fuch  drover  or  drovers  before  him  ;  who,  for  every  fuch  refufal,  fliall  forfeit  and 
^y  the  fum  of  twenty  fliillings  ;  and  till  the  fame  is  paid,  the  faid  Juftice  fhall  commit  the  offender  to  the 
aolof  the  county,  or  iffue  an  execution  againft  his  goods  and  chattels,  as  fuch  Juftice  thinks, moft  expe- 
rt ;  which  forfeiture  fliall  be  applied  to  the  ufe  of  the  county,  and  accounted  for  at  the  next  inferior 
burt. 

VI.  ^nd  be  it  further  enaSIedy  That  in  cafe  any  cattle  hereafter  fliall  be  fufpeftedto  have  any  diftemper,  Distemper  a- 
ny  two  Juftices  of  the  peace,  and  one  freeholder,  are  hereby  impowered  and   dire£l:ed,  to  enquire  into  mong  cattle, 
he  fame  ;  and  on  due  proof  thereof  made,  fliall  make  fuch  order  therein,  as  may  beft  tend  to  prevent  the 
ifeftion  fpreading. 

An  aSt  tt  continut  att  aSliniitied  «  An  aft  to  fupprefs  exceflive  and  deceitful  gaming*    exp.  CHAP.  1 5. 


160   1766.   CHAP.  17.  An  aB  Jor  further  eonlinu'ingan  a^  entitled**  An  acT:  for  the  reftraiot  of  vagrants,  and  for  raak" 
'  ^^  '  ing  provifion  for  the  poor,  and  other  purpofes.     exp. 


c  H  AP,   1 8.  An  aS}  to  prevent  hunting  for,  and  killing  deer^  in  the  manner  therein  mentioned. 

Proviued  for  by  subsequent  aA(. 

CHAP.  21.      An  aEl  to  prevent  thi  unreafonab le    de(lruction  oj fjli  in  Neufe  river.  Tar  river,  Fijhing  creek.  Rocky  ^ 
river,  the Jouth  fork  of  Catawba  river,  the  fotthjork  of  the  Yadkin  rwcr,  and  Colentney  cteek.    exp, 

CHAP.  23.     An  act  to  amend  an  act  entitled  "  An  adl  for  rezulating  the  pUota^e  of  Cape-Fear  river,  and  for  other  pur-  ^ 

CHAP.  25.     An  act  Jor  joining  the  nav'gation  of  Old  Topfa.il  Inlet  te  Niufs  river,  by  cutting  a  navigable  canal  frorni 

tile  head  of  Harlow's  creek  to  Clukjoot's  creek,     ocs. 

GHAP.  27,  An  net  for  afcertaining  the  boundary  lines  between  the  counties  af  New-Hanover,  and  Duplin.  I 

WHEREAS  difputes  daily  arife  between  the  inhabitants  of  New-Hanover  and  Duplin,  by  reafon  ©f  1 
the  boundary  Hne  not  being  fufficiently  afcertained  :  ';.  « 

Commissioners  II.  Be  it  therefore  enacted  by  the  Governor  y  Council  and  AJfembly  and  by  the  authority  of  the  fame.  That  the  ho- 1 
»unning*Uie°di-  "O'^^ble  John  Sampfon,  Efq.  John  Aflie,  Felix  Kennon,  and  Alexander  Lillington,  Efquires,  are  hereby  | 
dividing  line,  appointed  commiffioners  for  running  out  the  dividing  jine  between  the  faid  counties  of  Duplin  and  Newr^ 
Hanover  }  which  faid  commiffiOners,  or  any  three  of  them,  {hall  meet  on  fome  time  within  fix  months  af-  ^ 
ter  the  paffing  of  this  aft,  and  fliall  run  and  lay  off  the  boundaries  between  xh»  faid  counties,  in  the  foU  \ 
lowing  manner,  to -wit ,'^£\\zt  Reckfifli  creek  (hall  be  the  boundary,  from  the  mouth  thereof  to  where  Doc-fl 
tor's  creek  branches  from  the  fame  i  then  up  Dodlor's  creek  one  mile  above  the  houfe  of  Mr.  George! 
Maires  ;  thence  running  a  direft  line  to  the  corner  made  by  Arthur  M'Coy,  on  South  riyer  ;  and  the  faid  f 
line  vi'hen  run,  fliall  forever  after  be  deemed  the  boundary  line  bety'en  the  faid  counties  of  New-Hanover  '• 
a'nd  Duplin,    i         . 

III.  Temporary. 

IV.  Altogether  of  a  private  nature. 

I'HE    TITLES    OF    THE    PRIVATE    ACTS. 


lo  An  ;i<5  to  amend  an  afl,  ei. titled,  "  An  aiS  for  esiablisliing  a 
town  on  the-l:ind  formerly  granted  to  Wiiliam  Chyyton, 
gen'leman,  lying  on  the  north  s')dc  oftije  Enoe  river,  in 
thfcouniy  of  Orange." 

19  An  aiT  for  establishing  a  schod-houscin  the  town  of  New- 
hem. 

go  An  aato  empower  the  justice^jrf^Beaufo»t  county  to  build  a 
court-hou-^ft,  ()r,son  and  sio^^,  jn  B%th  town,  for  the  ubs 
of  the  said  c  unty. 

g2  An  aifl  lo  amend  an  afl,  entitled,  "  An  aft  for  establishing  the 
titles  of  the  freeholders  in  Edcnton,  for  laying  a  tax 
tor  finishihg  the  church  begun  in  the  said  towii,  and  for 
the  fuither  inijirovement  and  better  regulation  thereof" 


24  An  aa  for  eredlintj  a  court-hcuse  and  prison,  for  the  use  of 

the  distriift  of  fidenton.  "  ' 

26  An  art  to  empowe.rthe  churchwardens  and  vestryiren  of  St.  ■" 
John's  parish,  in  the  cotint/ of  t?.:te,  to  ap|.>rojTiaie  the   < 
surplussge  of  money  levied  for  irefiinR  the' public  bui'd- 
ings  m  said  county,  to  xVc  use  of  the  parish  of  St.  John  '>. 

25  AjJiifi  to  fflCCiuage  Bevjjairin  Heron,  E^.  to  build  a  hiidpe 

ever  the  nortii'e*-^  branch  of  .Cape,  ^r  r.iVf  r  at  or  nac 
the  j.^ace  where  the  ferry  is  now  kftpt  ty  Edward  Da-  ! 

vis.       ■  "*       ..''■■■'■'■?■•-  ; 

29  An  a<ft  for  ccnfiimiiig  a. lease  made  by  the  Tuscarora  Indi-] 
^r.s  to  Robert  Jo.v-s,jun.  Wiliani  Williaius,  and  Thoj  : 
mas  Ptigh,  Enquires.  ! 

.Signed  by  "WILLIAM  TRYON,  Efq.  Governor,      J 
John  Ruthurfukd,  Pre/ident. 
John  Harvbt,  Speaker.  ] 


Pead  three  times  and  ratified  in  open  Assetnbly,  the  t^t  day  of  December,  Ir6<3. 


1767.  IM 


At  an  ASSEMBLY,  begun  and  held  at  Newbern,  the  Third  Day  of  Novera-  William 
ber,  in  the  Seventh  Year  of  the  Reign  of  our  Sovereign  Lord,  GiiORGE  Governor'^' 
the  Third,  by  the  Grace  of  God,  of  Great-Britain,  France  and  Ireland, 
King,  Defender  of  the  Faith,  &cc.  and  in  the  Year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  Sixty-six  :  and  from  thence  continued,  by  Proro- 
gation, to  the  Fifth  Day  of  December,  in  the  Year  of  our  Lord  One 
Thousand  Seven  Hundred  and  Sixty-seven:  Being  the  Second  Session  of 
this  present  Assembly. 


^n  aH  for  dividing  this  province  inio  ftx  pveral  dijlriElsy  and  for  tjlahlijhing  a  fuperior  court  ofjujiice  in  each  of  CHAP.   1.' 
the  faid  diJiriBs,  and  regulating  the  proceedings  therein  ;  and  for  providing  adequate  falaries for  the  chief  jaf- 
tice,  and  the  ajfociate  jnjiices  of  the  fatd fuperior  courts,     exp. 

An  aSi  to  (Mtead-^ind  continue  the  fveral  aSis  for  efiahlifhing  inferior  courts  of  pleas  and  quarter  fefficns  in  ike  fe-  CHAP.  2. 

veral  counties  in  this  province,     exp. 

An  aSl  direSiing  the  method  of  appointing  jurymen  in  all  caufes  criminal  and  civil,     exp.  chap.  3. 

An  act  for  vefiing  certain  lots  in  the  town  ofNeivbern  in  his  excellency  the  governor^  and  his  fuccefjors.  (a)       CHAP.  4. 

WHEREAS  by  an  z.Qi  palTed  at  Newbern,  the  firfl  day  of  December,  in  the  year  ofgpur  lord  one  ^"**  P'  ^^^' 
thoufand  feven  hundred  and  fixty  fix,  entitled,  "  An  aft  for  erefting  a  convenient  building  with- 
in the  town  of  Newbern,  for  the  refidence  of  the  governor  or  commander  in  chief  for  the  time  being,"  his 
Excellency  William  Tryon,  Efq.     then  and  now  governor  and  commander  in  chief  of  this  province,  was 
autliorlfed  and  empowered  to  purchafe  any  number  of  lots  of  lands,  not  exceeding  twelve,  lying  and  be- 
ing within  the  limits  and  boundaries  of  the  town  of  Newkern,  in  any  part  of  the  town  he  fhall  think  moft 
proper  and  convenient  ;  and  to  take  and  receive  one  or  more  deed  or  deeds,  fufficient  in  law  for  the  con- 
veying the  fame  to  himfelf,  and  his  fuccefTors,  Governors  or  commanders  in  chief  of  this  province  ;  and 
upon  fuch  conveyance,  to  contraft  and  agree  with  proper  perfons  for  deCgning,  erefling,  and  complete- 
ly finifhing,  a  convenient  dwelling-houfe,  with  all  neceflary  offices,  for  the  ufe  of  himfelf  and  his  fuccef- 
fors,  governors  and  commanders  in  chief  of  thio  province  :  and  whereas,  purfuant  to  the  power- and  au- 
thority of  the  faid  act,  his  Excellency  has  thf)ught  it  mod  proper  and  convenient,  that  a  fquare  in  the  faid 
town,  containing  twelve  lots,  bounded  by  Eden  (Ireet,  Pollock  ftreet,  Metcalf  ftreet,  and  Front  flreet, 
with  the  waterfronts  belonging  thereto,   (hould  be  purchafed  for  the  faid  intended  building,  and  hath  a- 
greed  with  proper  perfons  for  defigning,  eredling,  ahd  finifhing  the  faid  hcufe  and  offices  ;  but  the  legal 
title  to  fome  of  the  faid  lots  being  vefted  in  perfons  cut  of  the  province,  or  infants  or  tjuftces,  cr  perfons 
atprefent  imknown,  his  Excellency  hath  not  yet  been  able  to  make  a  purchsfe,  or  obtain  proper  convey-- 
ances  for  fome  of  the  faid  lots  :  for  efFefting  therefore  a  full,  complete  and  abfolute  title  to  the  whole  of 
the  faid  lots  and  water  fronts,  and  vefting  the  fame  according  to  the  intention  of  the  faid  act  of  aflVmbly  : 

II.  May  it  pleafe  your  excellency  that  it  may  be  enafted.  And  be  it  enacted  ly  the  covernory  Ccuncil^and  Lotsvestcdin 
Affemhly,  and  by  the  authority  oj  the  fame,  That  it  (hall  and  may  be  lawful  to  and  for  the  inferior  court  of  ^'^c  Cevemor. 
Craven  county,  and  the  faid  court  is  hereby  empowered,    authorifed  and  required,  at  the  firft  court  to 
be  held  for  the  faid  county  after  the  firft  day  of  March  next,  to  ifiuea  warrant  or  warrants,  precept  or 
precepts,  direded  to  the  fheriff  of  Craven  county  aforefaid,  who  is  hereby  authorifed,  dire£led  and  requi- 

(a)  This  kSl  is  taken  from  Davis's  edition,  the  original  being  missing, 
Vol.  I.  T  t 


/62    17G7.    reel,  accordingly  to  fummcn,  impannel  and  retjirn  to  the  faid  court,  a  competent  number  of  fubftanfial 
Vm^'vnm}  difinterefted  perfons,  qualified  to  ferve  on  jaries,  and  not  lefs  than  twenty-four  ;  and  out  of  fuch  perfons 
fo  to  be  imp^nnelled,  fummoned  and  returned,  a  jury  of  twelve  perfoni    Ihall  be  drawn  bv  fome  perfon 
by  tlie  faid  inferior  coart  to  be  appointed,  in  fuch  manner  as  juries  for  the  trial  of  caufes  in  ihe  fuperior 
court,  by  the  aft  of  afTembly  now  in  force,  are  directed  to  be  drawn  ;  which  perfons  fo  to  be  impannel^ 
led,  fummoned  and  returned  as  aforefaid,  are  hereby  required  to  come  and  appear  before  the  faid  courts 
at  fuch  time  and  place  as  in  fuch  warrant  or  warrants,  precept  or  precepts,  (ball  be  dire(fled  and  appoint- 
ed ;  and  to  attend  there,  from  day  to  day,  until  difcharged  by  the  faid  court;  and  all  perfons  concerned 
fiiall  have  their  lawful  challenges  (but  not  challenge  the  array  of  the  pannel)  againft  any  of  the  faid  jury- 
men when  they  come  to  be  (worn  :  And  the  faid  court  is  hereby  authorifed  and  empowered,  by  precept 
or  order,  from  time  to  time,  to  require  the  atteadance  of  all  and  evei-y  perfon  or  perfons  whatever  mho 
fhall  be  thought  neceffary  to  be  examined  as  witnefles  before  them,  and  fo  examine  them  on  their  oath  or 
oaths  touching  and  concerning  the  premifes  ;  and  the  faid  court  may  likewife,  if  the  juftices  prefent  ihall 
think  fit,  authorife  the  faid  jury  to  view  the  feveral  lots  contained  in  the  faid  fquare  and  water  fronts,  ia 
fuch  manner  as  they  fliall  direft  ;  and  fuch  jury,  witnefles  and  parti'cs,  fliall  attend  until  all  fuch  matters 
for  which  they  were  lummoned  (hall  be  concluded:  and  faid  jury,  upon  their  oaths,  (hail  enquire  of  the 
valus  of  fuch  lots  of  land,  with  the  appurtenances,  which  is  heretofore  mentioned  as  neceflary  to  be  pur- 
chafed,  and  of  the  refpcfiive  eflrate  and  interefl  of  every  perfon  leized,  pofleffedof,  or  interefted  therein, 
or  in  any  part  thereof;  and  fuch  jury  fliall  affefs  the  fum  or  fum.s  to  be  paid  to  eveiy  fuch  perfon  or  per- 
fons, for  the  purchafe  of  fuch  their  eftateand  intereft  which  Ihall  be  necelTary  to  be  purchafed  ;  and  the 
faid  court  fliall  record  the  verdift  of  the  jury,  for  fuch  fum  or  fums  of  money  fo- to  be  aflefled  ;  which  faid 
verdift  or  verdifts,  and  the  judgment,  decree  and  determination  thereon,  (hall  be  binding  and  conclufire, 
to  all  intents  and  purpofes  whatfoever,  as  well  againft  the  Kmg's  majefty,  his  heirs  and  fucceflbrs  and  all 
and  every  other  perfon  and  perfons,  bodies  politic  and  corporate,  claiming  any  eftate,  right,  title,  truft 
ufe  or  interefl:,  in,  to,  or  out  of  the  faid  lots  of  land',  either  in  pofleflion,  reverfion,  remainder  or  expefl- 
ancy,  as  well  infants  as  iffiie  unborn,  lunatick,  idiot,  and  feme  covert,  and  perfons  under  any  other  legal 
incapacity  or  difability  ;  and  all  other  Cejlui  que  trufts,  his,  her  and  their  heirs,,  fucceflbrs,  executors,  and 
adminifl:rators,  as  againfl:  all  other  perfons  whomfoever  ;  and  the  faid  verdift,  judgment  and  decree,  and 
all  other  proceedings  of  the  faid  court  and  jury  fo  to  be  made,  given  and  pronounced,  as  aforefaid,  fliall 
be  fairly  written  on  paper,  and  figned  and  fealed  by  the  clerk  of  the  court  for  the  time  being :  and  fuch 
judgment,  verdift,  and  decree,  and  other  pi-oceedings  as  relate  to  the  faid  lots  of  land,  or  the  value  of  them, 
as  appraifed,  fliall  be  entered,  filed,  and  kept  amongfl:  the  records  of  the  faid  inferior  court,  and  ftiall  be 
deemed  and.  taken  to  be  records,  to  all  intents  and  purpofes  whatfoever ;  and  the  fame,  or  fome  copy- 
thereof,  fliall  be  deemed  and  taken  to  be  good  and  effeftual  evidence  and  proof,  in  any  court  of  law  or  e- 
quity  whatfoever ;  and  all  perfons  may  have  recourfe  tc  the  fame  gratis,  and  take  copies  thereof,  paying 
for  every  copy,  as  in  cafe  of  copies  of  any  other  record  of  the  faid  court, 
paid  *  °^'°'' '        ^II«  -^"(i  be  it  further  enaSied  by  the  authority-  aforefaid.  That  fuch  fum  or  fums  of  money  fo  to  be  afleC- 
fed  and  decreed  as  aforefaid,  fliall  be  paid   into  the  hands  of  Samuel  Cornell,  Elq.  who  is  hereby   au- 
thorifed and  empowered  tareceive  the  fame,  and  to  give  a  receiptor  receipts,    mentioning  and  fpecify- 
ing  for  what  premifes,  and  for  what  ufe  the  faid  money  is  received  ;  which  receipt  or  receipts  fliall  be 
entered  on  record,   and   regiftered  in  the  office  of  the  clerk  of  the  faid  inferior  court  of  the  county  of 
Craven,  with  the  verdi£l,  judgment,  and  proceedings  to  be  had  as  aforefaid  ;  which  faid  fum  and  fums 
of  money  fliall  be  to  the  ufe  and  benefit  of  fuch  perfon  or  perfons  as  may  appear  by  fuch  verdi£l  to  have 
any  right,  title,  interefl:,  or  claim,  in,  to,  or  upoir  the  faid  lots  of  land,  or  any  part  thereof,  according  to 
their  refpeftive  efl:ates  and  interefl:  therein  ;  and  fliall  by  the  faid  Samael  Cornell,  Efq,  be  paid  to    fuch 
perfon  or  perfons  mentioned  in  fuch  verdid  :  But  if  the  faid  jury  fliall  return  a  verdid,  that  any   part 
of  the  faid  lots  or  water  fronts  belong  to  perfons  unknown,  or  that  the  title  is  in  difpate,  then,  and  in  fuch 
cafe,   the  faid  fum  or  fums  of  money  aflefled  as  the  value  of  fuch  lands,   whereof  the  owner  is  unknown, 
or  the  title  in  difpute,  fliall,  at  any  time,  by  order  of  the  faid  inferior  court  of  Craven,  be  paid  to  fuch 
perfon  or  perfons  as  fhall  appear  to  the  faid  court  to  be  entitled  thereto,  according  to  their  refpeftive 
Claims  to  be     claim*  and  interefl:  in  the  faid  premifes  :  And  the  faid  inferior  court   of  Craven  is  hereby  authorifed  and 
vesica  in  the"*  f"^P°^^'^s^>  by  petition,  in  a  fummary  way,  to  hear  and  determine  all  difputes  and  claims  of  any  perfons 
Goveraor.         interefted  in  any  part  of  fuch  money  s  and  immediately  after  fuch  receipt  and  regiftry  as  aforefaid,   and 
the  whole  abfolutefee-fimple  inheritance  and  pofleflion  of  fuch  lots  of  land,  and  waterfronts,  fo  to  be 


Valued  as  aforefaid,  fliall^  and  is  hereby  declared  to  veil  in  his  faid' excellency  the  Governor,  and  his,  1767.  163 
TucceiTors,  to  the  ufe  of  himfelf  and  his  fucceflbrs,  Governors  or  commanders  in  chief  of  this  province,  v-r^'vW 
for  the  purpofes  mentioned  in  the  faid  recited  aft,  as  fully  and  efFe£lually,  to  all  intents  and  purpofes-^ 
as  if  every  perfon,  having  any  eftate  in  the  premifes,  had  adlually  conveyed  the  fame  by  leafe  and  releafe, 
bargain  and  fale,  inrolled  feoffments,  with  livery  and  feifin,  fine  and  recovery,  or  any  other  legal  con- 
veyance whatfoever  :  And  fuch  valuation,  proceedings,  and  payment  as  aforefaid,  fhall  not  only  bar 
all  right,  title,  claim,  or  deman*:!,  of  the  perfon  or  perfons  having  any  eftate  in  the  premifes,  but  fhail  al- 
io extend  to,  and  be  deemed  and  conllrued  to  bar  the  dower  of  the  wife  or  wives  of  fuch  perfons  ;  and 
sM  eftatestail,  or  reverfions  or  remainders,  as  efFedlually  as  a  fine  or  recovery  would  do,  or  would  have 
done,  if  levied  or  fufFered  by  the  proper  parties  according  to  law. 

IV".  And  he  it  further  etiaSled  by  the  authority  ajore/aid.  That  it  fhall  and  may  be  lawful  for  the  inferior  P.'n.  on  officers 
couitof  Craven  county,  from  tirfte  to  time,  to  impofe  any  reafonable  fine,   not  exceeding  three  pounds,  &c.  negleaing 
proclamation  money,  on  the  fheriff,  or  his  deputy  or  deputies,   who  fhall  make  default  in  the  premifes,  "^^"^^"^y' 
and.  on  any  perfon,  who,  on  being  fummoned  and  returned  on  any   fuch  jury  as   aforefaid,  (hail  fail  to 
appear  i   and  alfo  on  any  witnefs  or  witnefles  who  fliall  not  attend,  or  who  ftiould  refufe  to  be  fworn,  or 
being  fworn,  Ihill  refufe  to  give  his  or  their  verdi£t,  or  in  any  other  manner  willfully  neglefl  his  or  their 
duty,   contrary  to  the  true  intent  and  rr  waning  of  this  aft;    and  from  time  to  time,   to  levy  fuch  fines  as 
ether  fines  are  by  law  direfted  to  be  levied  in  the  faid  court. 

V.  And  whereas  according  to  the  plan  of  the  feid  town  of  Newbern,  the  water  fronts  of  the  lots  here- 
in before  mentioned  are  divided  from  the  faid  lots  by  a  ftreet  called  Front  ftreet;  which,if  it  continues  a 
public  flreet,  would  be  inconvenient  to  the  improvements  intended  on  the  faid  lots,   for  the  accommo- 

^  dation  and  refidence  of  the  Governor  and  commander  in  chief:  And  whereas  for  the  advantage,  profpecl:, 
and  ficuation,  the  foundation  of  the  faid  edifice  is  laid  fo  near  to  Eden  ftreet,  that  it  will  be  neceffary  to 
extend  the  line  of  the  faid  lots,  fo  as  to  include  part  of  the  faid  ftreet :  Beit  therefore  enaSiedby  the  author 
rity  aforefaid.  That  all  that  part  of  Front  ftreet  lying  between  the  lots  herein   before  mentioned,   and  the  'r-n's  vested  in 
■water  fronts,  extending  along  the  faid  ftreet,  as  far  as  the  lots  and  fronts  aforelaid  run^;  and  all  that  part  ^^'^  Governor. 
ef  Eden  ftreet,  beginning  at  the  back  corner  of  the  faid  fquare,  in  the  angle  of  Eden  ftreet  and  Pollock 
ftreet,    running  acrofs  Eden  ftreet  thirty  feet,,  and  from  thence  down  the  middle  of  the  faid  ftreet  to  the 
river,  including  the  interfeftion  of  Front  ftreet,  fhall  be,  and  are  hereby  vefted  in  his  Excell^cy  William 
Tryon,  Efq.  governor  and  commander  in  chief  of  this  province,  and'  his  succeflbrs,  for  the  ufe  of  himfelf 
and  his  fucceflbrs,  governors  or  commanders  in  chief  of  this  province,  as  fully  and  amply,  to  all  Intents 
and  purpofes,  as  any  of  the  above  mentioned  lots  of  land  are  by  the  faid  aft  direfted  and  intended  to  be 
vefted,  purchafed,  or  fettled,  for  the  purpofes  therein  mentioned  ;  and  from  henceforth  all  thofe  parts  of 
the  faid  ftreets,  within  the  limits  above  mentioned,  fhall  ceafe  to  be  public  ftreets,  and  may  be  inclofed, 
built  upon,  improved,  or  made  ufe  of,  as  if  the  fame  had  originally  been  part  of  any  of  the  faid  lots  i  any 
aft  heretofore  made  to  the  contrary  notwithftanding. 

VI.  And  belt  further  enaSied  by.  the  authority  (forefaid,  That  tHe  purchafe  of  the  lots  herein  before  men-  Purchase  ofioti 
tlonedto  have  been  made' by  his  faid  Excellency,  as  part  of  the  twelve  lots  mentioned  in  the    faid  aft,  is  confirmed, 
hereby  ratified  and  confirmed  \,  and  the  poflellion,  and'  abfolute  fee-fimple  and  inheritance  of  and   in  the 

faid  twelve  lots,  ftreets  and  water  fronts,  are  hereby  declared  to  be  fully  vefted  in  his  Excellency  William 
Tryon,  Efq..  and  his  fucceflbrs,  for  the  purpofes  and  ufes  in  the  faid  aft  mentioned,  againft  the  claim  of  all 
perfons  whatfoever. 

An  additional  a^  to  an  a&for  ereBing  a  convenient  building  tuithin  the  town  of  Nenvbern,  for  the  refidence  of  the  CHAP.  5. 
Governott  or  Commander  in  Chief  for  the  time  being,  (af  '  Ante,  p.  155. 

AnaB  for  appointing fberiffs^  and  ditteSing  their  duty  iti  office,  (b)  (^A?.  6. 

Provided  for  bjr  subsequent  a^s. 
An  aB  t9  appoint  a  public  treafurerof  the  northern  dtfirtBt  and  other  purpofes.     exp.'  chap.  7, 

ra^  This  afl,  providitig  a  further  sum  for  fortliccifeaingjof  the  building,  (/?  10,00€)  anj  granting -fg.  1500  to  supply  jdeficiencv 
of  the  former  fur  d,  I  presume  had  its  eifea.'  «v»      .      /        c^         o^  rr  <  ^ 

(bj  By  thtlast  seftion  all  fortr.er  a^s  concerning  sheriffs: ait  repealed. 


164    1767. 

CHA?.    8. 
Fen  y  keepers 
to  provide.en- 
tenaininent. 


Ordinary  keep 
ers  to  se;  up 
S'gns. 


Petiilties  and 
fuif  itures. 


Repealng 
clause. 


CHAP.    9. 


An  aB  for  regulating  sritnarieSt  and  rejlraint  of  tippling  houfet.  (c) 
>  l^Allihe  feBlonsofthis  a£i  repealed  by  aSi  Oaober,   1779,  Ch.  10,  excepty  perhaps^  the  four  lajl.-] 

XV.  A    ND  be  it  further  enaBed  by  the  anthority  aforrfaid.  That  from  and  after  the  paffing  of  jthis  aSL 
j^\^  all  keepers  of  public  ferriQS  or  bridges,  within  this  province,  whei*  thq  ferries  or  bridge  toll 

is  above  four  pence,  proclamation  money  for  a  man  and  horfe,  (hall  be  obliged  to  furnifli  all  travellers  with 
entertainment  at  tavern  rates,  and  fliall  take  out  licence  for  that  purpofe  ;  and  if  any  keeper  of  any  fuch 
public  ferry  or  bridge  ftiall  refufe  or  negleft  to  furnifh  fuch  entertainment,  or  to  take  out  fuch  licence, 
fuch  ferry  or  bridge  keeper  (hall  forfeit  and  pay  for  each  offence  th$  fum  of  t^n  pounds,  praclan^ation  ibo- 
ney,  to  any  perfon  who  (hall  fue  for  the  fame. 

XVI.  And  to  the  end  that  ordinaries,  or  houfes  of  pub'ic  entertainment,  may  be  the  mote  readily  and 
generally  known  by  travellers  and  othersj  Be  it  therefore  further  enaBed  by  the  authority  aforefaid.  That  every 
perfon  who  (hall  obtain  a  licence  agreeable  to  the  dire£tions  of  this  aft,  from  and  after  the  fjrft  day  of  March 
next,  fiiall,  within  one  month  after  obtaining  licence  as  aforefaid,  fet  up,  or  caufe  to  be  fat  iip  in  publip 
view,  at  his  dwelling-houfe,  or  the  houfe  where  fuch  ordinary  ftiall  be  kept,  a  fign,  with  an  infcription 
thereon  denoting  the  fame  to  be  an  ordinary,  or  houfe  of  public  entertainment,  uader  the  penalty  of  for- 
feiting forty  {hillings,  proclamation  money,  for  every  month  the  faid  ordinary,  or  houfe  of  entcrtaiiiment, 
(hall  be  keptj  without  having  a  public  fign  fet  up  as  aforefaid. 

XVII.  And  be  it  further  enacted  by  the  authority  aforefaid^  That  all  the  penalties  and  forfeitures  in  this 
aft,  the  method  of  recovering  and  applying  whereof  are  not  particularly  djrefted,  (hall  be  one  half  to  the 
Governor  or  Commancler  in  Chief  for  the  time  being,  the  other  half  to  him  or  them  who  fliall  fue  for  the 
fame  ;  to  be  recovered  with  cods,  before  any  jurifdiftion  having  cognizance  thereof.  . 

XVIII.  And  be  it  further  enaBed  by  the  authority  aforfaid.  That  all  and  every  aft  and  afts,  and  every 
claufe  and  article  thereof,  heretofore  made,  fo  far  as  relates  tq  regulating  ordinaries  and  reftraint  of  tip- 
pling houfes,  or  to  any  other  matter  or  thing  whatfoever,  within  the  purview  of  this  aft,  is,  and  arc  here.. 
by  repealed  and  made  void,  to  all  ihtents  and  purposes  whatfoever, 

An  act  for  regulating  the  infpection  oftabaccq.,  and  preventing  frauds  in  hif  Majsjly's  cujiomt,     jlxp. 


CHAP.   12.     jin  act  to  amend  an  act  entitled  An  aft  for  facilitating  the  navigation  of  port  Bath,  port  Roanoke,  and  port    j 
Tha-rgnalaft  enpired.    See  p's.  101  St  149.  IJeaufort,  '' 


CHAP.    13, 

Provided  for  1,  178  J,,  34.. 

CHAP.    18. 
CHAP.    )9. 


Jn  act  cancerning  idle  q'id  dijoluteperfons. 

4n  act  for  defraying  tfie  contingent  changes  of  government,     exp. 

An  aft  to  centime  the  acts  therein  mention fd^  for  a^inting  a  militia,     exp. 


CHAP.  25.  An  aB  for  annexing  part  pf  Northampton  county  fa  the  county  of  Bute, 

WHEREAS  the  inhabitant?  of  the  upper  or  weltermpft  cpriier  of  Northampton  county  labour  under 
great  incoaveniencies,  in  attending  the  courts,  and  othej:  p4hlic  meeting?  of  the  faid  courf  y ,  at  the 
court-houfe  thereof  ;  and  being  more  convenient  for  thofe  pijrpofes  tg  the  eounty  of  B^ite,  are  defirous  of 
being  annexed  thereto  : 
C9iintydividid.  H.  Be  it  enaBed  by  the  Gove'^nsr,  Council,  and  AJfemhh,  ar}dhy  the  authority  of  thfc-ryey  That  Thomas  Ea- 
ton, Willie  Jones,  and  Benjamin  Perfon,  Efquires,  be,  and  are  hereby  appointed  commifliorjers  ;  and 
they,  or  the  majority  of  them,  are  required  and  direfted,  within  three  months  after  the  paffing  of  this 
aft,  to  run  and  mark  (or  caule  the  fame  tp  be  done)  ?.  lin?  from  Ro?-ioke  river  bank,  oppofite  the 
mouth  of  Stone  Houfe  creek,  a  due  north  courfe  to  the  dividing  line  between  this  province  and  the  co- 
lony of  Virginia  ;  and  all  that  part  bounded  to  the  enftward,  by  the  line  above  direfted  to  be  marked, 
and  to  the  northward  by  the  Virginia  line,  to  where  it  croiTes  Roanoke  river,  fhall  be,  and  is  hereby  an- 
nexed fo,  and  made  part  of  the  county  of  Bute  ;  and  the  inhabitants  thereof  (hall  be  fubjeft  and  liable 
to  rhe  fame  rules,  orders,  taxes,  and  privileges,  as  any  other  of  the  inhabitants  of  the  faid  county  of  Bute. 
Hi.  Private. 


CiJ  The  ieflions  of  this  afl  which  are  retained  are  taken  from  Davis's  ediiion,  the  original  being  missing. 


AnaSjhr  vaeatlng  the  titje  of  certain  perfim  it  three  hundr-ed  acm  ^f  land,  Jituate  »n  the  lower  part  of  Cape    176T.  165 
Feary  and  adjoining  Fort  Johnjion  :  and  for  revefiing  the  fame  in  the  croioni  for,  his  Majeflfs  fervice^  and  u«*K-«0 
the  benefit  oj  the  jaid fort  and  garrifan,  -  CHAP.  37. 

WHEREAS  by  an  aft  of  the  General  ^AeoiWy,  pafled  at  Newbern,  on  the  twentieth  day  of  Ante,  p.  70. 
April,  in  the  year  of  our  I^rd  one  thouifand  ieven  hundred  and  torty-five,  enlitled,  **An  a£l 
for  ere£ling  a  fortification  on  the  lower  part  of  Cape  Fear  river,  for  applying  thereto  the  powder  money 
already  arifea,  or  which  fliall  arife,  by  Ihippii'ig  coming  into  the  port  of  Brunfwick  ;"  certain  commif- 
fioners  were  appointed,  a  majority  of  whom  were  by  faid  aft  invefted  with  full  power  and  authority 
to  erf  ft  and  build  ?  fort  or  battery  in  fuch  place  on  the  lower  part  of  Cape  Fear  river,  as  to  them- 
fhouLd  feera  moft  convenient,  for  the  defencie  of  the,  faid  river  ;  in  virtue  whereof,  a  place  for  ereft- 
ing  a  fort  was  agreed  on  by  the  faid  eommiflioners,  and  a  fortification,  by  the  name  effort  Johnfton,  was 
raifed,  and  hitherto  has  been  guarded  and  maintained  at  a  confiderable  charge  and  expence  to  the  public  ;  ' 
9nd  the  necefiTity  of  guarding  and  maintaining  of  the  faid  fort  (till  continuing  for  his  majefty's  fervice, 
and  the  defence  of  this  province:  And  whereas  a  patent  for  part  of  the  land  adjoining  thereto  has  been 
furreptitioufly,  and  witliout  the  due  knovs4edge  and  information  of  the  officers  of  the  crown  granting  the 
fame,  obtained :  And  whereas  from  the  nature  of  its  fituation  it  is  abfolutely  necedary,  for  the  fafety 
and  fecurity  pf  faid  fort  and  garrifon,  as  well  as  for  the  repairing  and  maintaining  of  the  fame,  that  three 
hundred  acres  of  the  faid  land,  adjoining  the  faid  fort,  bounded  as  follows  ;  beginning  at  a  bridge  the 
mouth  of  Bennet's  creek,  running  north-fuity-feven  degrees  weft,  three  hundred  and  thirty  two  poles 
to  a  creek  called  Juda's  creek,  running  down  the  various  coyrfes  of  the  faid  creek  to  where.it  empties 
itfelf  into  a  creek,  called  the  JJutcIiwan's  creek  ;  thence  down  the  faid  creek  to  the  mouth  thereof,  in 
Cape  Fear  ;  then  up  Cape  Fe:5r  river  to  the  beginning,  including  fort  Johnfton,  and  containing  three 
hundred  acres,  more  or  lefs ;  £houldbe4"fivefted  in  the  crown,  and  jemain  for  his  Majefty's  fervice,  to- 
wards repairing  and  rnainfcaining  of  the  faid  fort,  and  the  ufe  of  the  faid  garrifon,  forever, 

II.  Be  it  therefore  enaSltd  by  the  Governor,  Council  and  AJfemhly,  and  by  the  authority  of  the  fame.  That  for  fo  Title  to  lands 
much  land  as  is  contained  within  the  limits  by  this  aft  fpecified,  each  and  every  patent  or  deed  heretofore  ^'^^^^*"- 
made  or  executed,  fo  far  as  relates  to  the  land  above  fpecified,  is   hereby  declared  to  be  null  and  void, 
and  of  no  force,  validity,  oreiFeft  whatfoever  ;  but  that  the  abfolute  right   and  fee-fimple  of  faid  three  And  vested  Ir 
hundred  acres  of  land  be  and  remain  in  his  Majefty,  his  heirs  and  fucceflbrs,  forever,  for  and  towards  the  the  crown, 
repairing  of  faid  fort;  and  to  fuch  other  ufes  andpurpofes  as  his  Majefty  ftiall  direft. 

ill.  And  that  equal  right  and  juftice  may  be  done  to  the  patentees,  their,  and  each  of  their  heirs  Tobevaluetl 
andaffigns  ;  Be  -tenaBedby  the  author  ty  afcrefaid,  That  a  jury  of  twelve  freeholders,  within  the  county  *^^  laJ['^°^''^' 
of  Brunfwick,  be  appointed  by  the  Juftices  of  the  inferior  court  of  the  faid  county,  at  the  next  court  to 
be  held  for  faid  county  after  the  firft  day  of  March  next ;  which  jury  (hall  be  fummoned   by  the  ftierlfF 
of  the  faid  county,  to  view  the  afor€  mentioned  lands  and  premlfes,  at  fome  day  between  that  and  the 
then  next  fucceeding  court  for  faid  county  ;  and  fljall  take  an  oath  before  fome  Juftice  of  the  Peace  for 
,the  faid  county,  (who  is  hereby  authorifed  to  admlnifter  the  fame)  to  va,Iue  and  appraife  the  faid  three 
hundred  acres  of  land  and  improvements,  and  make  return  of  fuch  valuation  and  appraifement,  and  the 
names   of  perfons  claiming  the  fame,   under  their  hands  and  feals,  to  the  next  fucceeding  court  for  tlae 
faid  county;  which  faid  valuation  money  the  public   treafurer  of  the  fouthern  diftrlft  is  required  to  pay  Inquest  record- 
to  the  fini  patentees,  or  their  legal  reprefentatives,  and  to  take  one  or  more  receipt  or  receipts  for  the  «d. 
fame  ;  which  with  the  valuation  as  returned  by  the  jury  as  aforefald,  ftiall  be  recorded  among  the  records 
cf  the  faid  inferior  court  of  BruRfwick  county,  and  be  regiftered  in  the  regifter's  office  of  the  faid  coun- 
ty j  which  inqueft  fo  taken  and  returned  fliall,  and  is  hereby  declared  to  be  a  perpetual  bar  to  the  claim, 
right,  or  title,  of  any  fubjeft  whatfoever,  to  the  faid  three  hundred  acres  of  land  and  premlfes. 

IV.  And  be  it  further  enacted  by  the  autkoritv  afore/aid.  That  the  flieriff  of  Brunfwick  county  fhall  fum-  Jurors  summon« 
mons  the  jurors  appointed  by  the  inferior  court  of  the  faid  county,  for  the  purpofes  in  this  aft  direfted, 
at  leaft  five  days  before  the  day  appointed  for  valuing  and  appraifing  the  faid  land  and  premlfes  :  And 
every  juior  being  fo  fummoned,  and  failing  to  attend  and  take  fuch  view  of,  and  value  and  appraife  fuch 
land  and  premlfes,  fhall  be  fined  by  the  faid  inferior  court  of  Brunfwick,  for  each  negleft,  three  pounds, 
proclamation  money  ;  to  be  levied  as  other  fines  fet  on  jurymen,  and  applied  to  the  ufe  of  the  faid  con- 
ty  of  Brunfwick  ;  unlefs  the  perfon  fined  fhall,  on  oath,  fliew  to  the  next  court  fufficient  reafon  for 
fuch  failure  or  nejgleft. 

Vol.  I.  U  u 


166    1767. 


THE   TITLES    OF    THE    PRIVATE    ACTS; 


10  An  aft  for  establishing  public  warehouses   in  the   towns  of 

Halifax  and  Campbellton,  for  the  inspeilion  of  hemp  and 
flax. 

11  An  aa  for  build'ngapubFic  gaol,  and  gaoler's  house,  for  the 

distrift  of  Newbern,  in  the  town  of  Newbem. 

14  An  aft  for  destroying  crows  and  squirrels  in  the  several  coun- 

ties therein  mentioned. 

15  An  a<9  to  empower  the  justiees  of  Currituck  county  to  build 

a  prison,  pillory,  and  stocks,  in  the  said  county,  on  the 
lot  whereon  the  court-house  bow  stands,  for  t!»e  use  ©f 
the  said  crunty. 

16  A*  afl  lor  appointing  an  inspe<aor  for  the  Great  Island,  op- 

posite Wilmington,  in  Brunswick  county. 

17  An  aa  for  establishing  the  vestry  elefled  for  the  parish  of  St. 

Stephen,  in  Johnston  county. 
20  An  aa  t«  amend  an  aft,  entitled,  "  An  aatoencourage  per- 
sons to  settle  ia  the  town  of  Brunswick,  on  the  south- west 


Mde  of  Cape-Faar  rive'." 
31  An  aa  for  ereaing  in  tlie  towti  of  Salisbury,    a  ptiWc  gaof/ 
pillory,    and  stocks,   for  the  d:striit  of  Salisbury  in  thi» 
province. 

22  An  aa  to  continue  an  aS,  tintiffed,  "  An  aS  for  enlarging  the 

time  allowed  for  saving  lots  in  the  town  of  Hertford,  and 
other  purposes  ;"  a-nd  to  establiah  a  ferry  from  the  town 
of  Hertford,  on  the  west  side  of  Hercjuimons  river,  to  New- 
by's  point  on  the  east  side  of  the  said  river. 

23  An  aa  to  amend  an  aa,  entitled,  "  A»  aft  for  the  regulati. 

on  of  the  town  of  Wilmington. " 

24  An  aa  for  laying  out  a  puolic  road  from  the  frontiers  of  this 

province,  through  the  counties  of  Mecklenburg,  Rowan, 
Anson  and  Bladen,  to  VViimington  and  Brunswick. 
26  An  aa  for  estabhshing  a  town  on  the  land  of  William  Grayi 
on  C%>hy  river,  in  fiercie  county. 


Signed  by  WILLIAM  TRYON,  liq.  Governor. 


James  Hasell,  Prefidenu 
John  Hartet^  Speaken 


Read  thi«e  times,  ud  ratified  ia  open  AssemWj,  tie  X^lth  d>y  of  January,  Aruo  Dom,  1763. 


1763.  167 


At  an  ASSEMBLY,  began  and  held  at  Newbern,  the  Third  Day  of  No-  wt..i.iam 
vember,  in  the  Seventh  Year  of  the  Reiffn  of  our  Sovereign  Lord  GEORGE  ^''^°^'  ^^^' 
the  Third  by  the  Grace  of  God,  of  Great-Britain,  France  and  Ireland, 
King,  Defender  of  the  Faith,  he.  and  in  the  Year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  Sixty-six ;  and  from  thence  continued,  by  Proro- 
gation,  to  the  Seventh  Day  of  November,  in  the  .Year  of  our  Lord  One 
Thousand  Seven  Hundred  and  Sixty-eight :  Being  the  Third  Session  of 
this  present  Assembly. 


jin  ii^  io  amend  and  expiain  an  aSi  entifted  <'  Art  a£l:  for  eftabliiliing  art  orthodo*  clefgy.''  cMap.   1 . 

See  p.  57, h  I J4. 
An  aSito  amend  and  continue  an  aB  entitled  "  An  aft  concerning  of  veftries  "  chap.  2. 

>£eep.  57. 
An  aElfor  ejlahlilking  a  militia  in  this  province.     EXP.  CHAP.   3. 

An  aSi  io  direBjherifi  in  levying  executionf,  and  the  di/pofal  of  lands^  goods  and  chattels  taken  thereon.    eXp.      chap.  4'. 

An  a8  to  amend  and  explain  an  a£l  entitled  «  An  aflt  for  dividing  this  province  into  fix  feveral  diftfi-Cls  ;  and  chap.  5. 
for  eftablifliinga  fuperior  court  of  juftice  in  each  of  the  faM  diftrifts,  and  regulating  the  proceedings  Orij^inalaaes- 
therein ;  and  for  providing  adequate  falaries  for  the  chief  juftice,  and  affociat^  juftices  of  the  faid  fuperior  '^'J^"*  ^^^ 
courts."  / 

An  act  to  relieve fuch  per  ions  who  have  pur  chafed  lands  fold  by  execution,  and  have  not  ohiainid  titles  tc  the  fame.  CHAP.  6. 

WHEREAS  by  an  a£l  of  the  General  Affembly,  paffed  at  Wilmington,  in  the  year  one  thoufand  fe-  Ante,  p.  i j3. 
ven  hundred  and  fixty  four,  declaring  lands,  and  other  real  eftates  in  this  province,  liable  for  the 
payment  of  defbts,  and  fubjeft  to  be  taken  in  execution  and  fold  for  that  ptirpofcj  and  conveyances  under 
iuch  fale  to  be  made  by  the  (heriff  felling  the  fame  ;  and  in  cafe  of  his  death,  or  removal  from  office,  the 
conveyance  to  be  made  by  his  fucCeflbr  in  office  .•  and  whereas  many  trails  of  land,  in  virtue  of  the  faid 
aft,  have  been  formerly  taken  in  execution  and  fold  ;  but  by  reafbn  of  the  death  of  the  fherifF  felling  the 
fame,  arid  the  doubts  of  the  fucceeding  onesj  titles  have  not  been  made  to  the  fair  and  open  pur^alers, 
iirho  have  paid  the  confideration  of  fuch  fales  ai  the  time  of  felling,  which  doubts  have  arifen  fr'dm  the 
publication  here  ofhisMajeily's  royal  difallowance  of  that  aft  ;  that  the  fair  purchafer  may  be  remedied  '' 

therein  : 

II.  Be  it  enacted  hy  the  Governor,  Council,  and  Affembly,  and  by  the  authority  of  the  jam,  't'hatahy  perfoh  or  Sales  of  latids 
perfons  who  herfetofore,  and  until  the  publication  of  the  difallowance  of  the  aft  aforefaid,   have  aftually  °"  ^J=ecutioa 
purchafed  any  lands  fold  by  any  IherifFas  aforefaid,  and  have  bona  fide  paid  the  full  confidefation  money  for  ^  "  * 
the  fame  to  the  ftierifF,  for  the  purpoles  for  which  the  fame  was  fold,   and  hath  iiot  from  the  obftriiftioris 
aforefaid,  obtained  a  proper  conveyance  of  the  iitle  of  fuch  lands  from  the  fheriff,  according  to  the    di- 
reftions  of  the  faid  aft,  may,  and  are  hereby  authdrifed,  to  demand  of  the  flieriffnow  in  office,  or  the  fhe- 
riff for  the  time  being,  of  the  county  wherein  fuch  lands  fie,  a  proper  deed  of  conveyance  for  the  fame  lands  : 
and  fuch  Iheriff  is  hereby  authorifed  and  required,  on  application  of  the  purchafer  as  aforefikld  ;  and  in 
cafe  of  his  or  her  death,  on  the  application  of  the  heir,  executors,  legatees,  or  affignees  of  faid  deceafee! 
(where  of  right  it  ought  to  be  done)  to  make  fuch  fufficient  deed  or  conveyance  in  law,   of.  the  lands  fo 
fold,  a$  the  £iaeriff  at  Uie  time  of  making  the  fale,  in  virtue  of  the  aft  aforefaid,  coul4  or  ought  to  have  done; 


168    1768.    and  a'.!  deeds  or  conveyances  ri^de  and  exscoted  a«  aforefald,  iii  virtus  hareof.are  hereby  declared  tx)  be 

Uoi^i*/  good  and  valid  ;  and  fhall  be  as  efFeftual  in  law  iQ:  conveying  the  legal  title  of  the  lands  therein  mention-  , 

ed^o  the  purchafeir   thereof,  his  or  her  reprefentative  as  aforetaiid,  as  if  lB$  i^O  conveyance  had  b^>|  I 

made  at  the  time  of  the  fale  on  execution,  by  the  fheritp  felling  the  fame.                                                    •'  "^ 

CHAP.  8.        An aEl  to arntnd th.'.  aCl for  ^ahl'Jli.ng  public  ^arehtufes  in  the  toxjon  oj  Haifax and  Campbttl0n,for  tkf  ' 

Seep.  io6,  infptction  of  hemp  and  Jlax  and  Other  purpofes. 

All  of  this  ai9:  private  but  the  3d  session,  sindthat  (concerning  the  a<S  for  enconraging  tlje  culture  of  hetrip  and'flax,  and  other  purposes) expked.  -j 

CHAP.  9.        An  aSi  to  amend  an  aSi  e^itled  A*  An  aft  to  reflrain  the  keeping  of  too  great  a  number  of  horfes  and  inare^  i 

^•'s>  P  >fi-                                                                      and  for  amending  the  breed."  j 

'■  ^-  ^^^-       ^"jr  THERE  \S  by  an  aft  of  Affembly,  paffed  at  Edenton,  on  rfie  twenty-diird  day  of  November,  {«■  ; 

VV     *^^  y^'^''  ^  '^'^'^  Lotd  one  thoufand  feven  hundred  and  twenty-three,  entitled,  "An  a£l  to  reftrain  j 

the  keeping  of  too  great  a  number  of  horfes  and   mares,  and  for  amending  the   breed  j''  it  is  enafted»  j 

among  other  things,  that  no  perfon  whatfoever  fliaJl  fufier,  or  let  go  at  large,  any  stone  horfe  or  horfes,  of  \ 

ivfo  years  old,  unlels  fuch  horfe  or  horfes  fhall  be  at  leaft  thirteen  hands  in  height,  under  certain  penalties  j 

and  forfeitures  in  faid  aft  fpecified  :  and  whereas  the  fuffering  horfes  of  that  age  and  fize  is  found  preju-  .' 

dicial  to  the  breed  :  ' 

Stor,?  iiovses           11.  Be  t  enaBed  by  th  Gevr/nor,  Council,  and  AJJembly,  and  by  the  authority  ofthefame^  That  from  and  after  'i 

under  i4hardf,  the  pafiing  of  this  aft,  no  perfon  whatfoever  in  this  province  ihall  fufFer,  or  let  goatlarge,  any  ftonehorfe  or  • 

nouotuu  at      Ixorfes,  of  two  years  old  o?-  upwards,  unlefs  fuch  horfe  or  horfes  fhall  be  at  leaft  fourteen  hands  in  height,  .| 

**                  upon  penalty  of  forfeiting  fuch  horfe  or  horfes,  or  the  fum  of  twenty  shillings,  to  the  taker-up  of  every  \ 

fuch  ftone  horfe,  provided  the  fame  be  found  running  at  large  not  witlan  the  confine  of  any  fence,  w'ater,  ,; 

marfh,  or  fwamp  ;  any  thing  contained  in  the  :aforefaid  aft*  to  the  contrary,  notwithftanding. 

CHAP.  iO,                                            An  aB  for  dividing  the  county  of  MecUenhur^.,  and  other  pur pofes.  \ 

WHEREAS  by  reafon  of  the  large  extent  of  the  county  of  Mecklenburg,  it  is  greatly  inconvenient  for  ^ 

the  inhabitants  4;9  attend  the  courts  of  tj^e  aforefaid  county,  and  other  public  duties  iby  la»r  requir  , 

red.  } 

Tryonereflcd.         H.  Be  it  therefore  enaBed  by  the  Governor,  Council^  and  Affemhlyy  and  by  the  authority  of  the  fame.  That  feon^  ^ 
and  after  the  tenth  day  of  April  next,the  faid  county  of  Mecklenburg  fhall  be,  and  is  hereby  divided  into  two  ■■■: 

diflinft  counties  and  pariflips,  by  a  line  beginning  at  earl  Granville's  line  where  it  croffes  theCatawba  liver;  |l 

and  tlw  faid  river  to  be  the  line  to  the  South-Carolina  line;  and  that  ail  tliat  part  of  the  faid  couq.ty  wliich  ; 

lies  to  the  eailward  of  the  faid  dividing  line  fliall  be  a  diflinft  county  and  piirifti,  and  remain  and.be  cal-  , 

led  by  the  name  of'  Mecklenburg  county,  and  faiiit  Martin's  pariih  ;  and  tlxat  all  that  part  of  the   county  ^ 

lying  to  the  wcftvvard  of  the  faid  dividing  line,  fhall  be  one  other  diftinft  county  ai]4  pariih,  ,aiid  he  ana  ' 
remain  by  the  name  of  Tryon  county,  and  faint  Thomas'  pariih. 

The  remaining  eleven  feBions  altogether  of  a  private^ or  temporary  nature, 

CHAP.   13.      An  c.  J.  to  amem!  an  aB  entitled,"  An  "ii^i^iiionzX  :idi  to  zxiViO:,    c.Vi{\\\eA,  An  aB  to  prevent  hilling  defynturr-  '^ 

Anrt.  0.4  ,69.      feafsnahle  times  ;  and  for  pifUing  a  fop  to  tnany  abufis  cemmittcd  by  white  perfons  under  pretence  c-'  huniingJ'  ; 

1,  iro4,  33.       "« -jr  TrHEREAS  by  the  before  recited  aft,  perfons  who  have  no  fettled  habitati<;n,  or  not  fending.£ye  j 

\\    thoufand  cornhills,  are  prohibited  from  hunting,  under  the  penalty  of  nve  \)<  ur.d.^,  and  forfeitune  > 

of  his  gun  ;   which,  by  experience,  has  been  found  not  to  anfwer  the  purpofes  ir.tevded  by  the  faid  aft  ;  i 

,     many  diforderly  and  diflolute  perfons,  having  no  habitation  of  their  own,  fViU  continue  to  hunt  on  .the  | 

king's  waifte,  and  the  land.s  of  other  perfons,  and  kill  deer,  and  leave  the  carcafes  in  the  woods  ;  by  which  '; 

means  the  wolves,  bears,  and  other  vermin,  are  fed  and  railed  ;  to  the  great  darrage  of  many  of  the  in-  j 

habitants  of  this  province ;  and  the  fines  being  difficult  of  recovery,  by  means  of  perfons,  having  no  pjo-  j 

perty  of  their  own,  aflembling  in  great  numbers,  and  c.imping  in  the  woods,  and  kill  deei,  burn  and  dcf-  '^ 

troy  the  range,  burn  fences,  and  commit  many  other  injuries  to  the  inhabitants  of  this  province  ;  and  affo-  J 
ciate,  for  tlie  mutual  proteftion  and  defence  of  each  other,-  againft  any  perfon  oi  perfons  who  fhall  attempt 
to  execute  any  precept  on  any  of  them  :  for  .remedy  whereof ; 
What  persons         it.  Be  it  enaBed  by  tht  Governor,  Council  and  Affembly,  andby  the  authority  of  the  fame,  That  from  and^ter 
alioweatohuBt.  jj^g  ^^  jj,y  gf  January  next,  no  perfon  whatevier  (maltersof  flaves  ^cepted)npt  fea^ing.a  freehold  oi  one 


jbundret!  act;?*  of  land  widiin  diis  province,  or  teudrng  tea  Aoafand  comhiUs,  at  leaft,  five  feet  diftance    1768.    169 
^ach,  (hall  hunt  or  kill  deer  .*  under  the  penalty  of  ten  pou.nds,  proclaaa?tion  mcney,fQr  every  ofFence  i  and  <.«««v««> 
moi;epver  fliall  forfeit  his  S^^*  ox  the  value  thereof  j  to  be  recovered  by  aSion  of  debt,  bill,  plaint,  or  In- 
fcraiation,  ia  a^iy  court  of  record  within  this  province,  by  atiy  perfon  who  will  profecute  for  the  fame  *, 
wlierein,  upon  convidion,  over  and  above  the  faid  penaity  and  forfeiture  as  ^forefaid,  the  defendant  fliali 
.be  comnntted  to  goal,  isy  order  of  the  court  5  there  to  renmain,  without  bail  or  mainprise,  for  one  month.. 

in.  And  be  ii fi/.rthejr  ena3,eii  by  the  authority  afprefaidf  That  upon  aftion  of  debt^  information  or  indict-  S^iccal  ba:j. 
^ent,  bein^.profe<;u^dXoi'  iJje  9bo.ve  pen^ty,  the  Q\<ix\S  who  fhall  execute  the  writ,  fliall  take  two  fuf- 
licierit  feciiritles  for  the  defendant's  appearance,  at  the  co-art  to  wliich  the  fame,  by  the  tenor  thereof,  is 
^ade  returnable  ;  'A^hich-bail  fo  taken,  fhall  be  fubjctt  and  liable  as  in  other  cafes  .-  and  on  failure  thereof, 
(Or  an  exception  being  taken  to  tlae  faid  bail,  the  fame  (hall  be  deemed  infufficieiit,  then,  and  m  tliat  cafe, 
/the  fheriff, fhall  ftaiiJ  and  be -taken  as  special  bail. 

IV".  Provided  nevertheiefs ,  ^f  hat  the  fheriff  may  furrender  the  defendant  in  difcjharge  of  himfelf,  ^t  any  f/°\",i"'  ^"^ 
{time  before  final  judgment  had  ag^irjft, the  .defendant.  rejiderptind- 

y.  Provided  alfoy  That  nothing  herein  contained,  fhall  extend  to  bar  or  hinder  an  overfeer  of  a  fiave  or  pu'. 
41aves  from  .hunting  and  filling  deer  y/ith  a  gun  on  his  employer's  lands,  or  the  wafle  lands  of  the  kiog.  Proviso,  foro- 
^or  Lord  Granville,  within  five  miles  of  the  re.fidence  of  fuch  overfeer.  verseeisto 

yi.  And  whereas  by  reafon  of  the  iofurre6l:ions,  of  many  i'legal  procev^dings  of  fundry  of  the  inhabi-  1'^"''  . 
,tants  of  this  province,  the  county  gaols  are  become  almoft  ufelefs  i  many  perf^us   who  are  committed  in^'to^giveball' 
thereto  being  releafed  by  force,  the  faid  gaols  being  remote  from  flie  refidence  of  the  fherin's,  who  might  cotnmitted. 
.prevent  fuch  breakings  as  afprefaid,  by  raifing  fufhcient  force  for  that  purpofe :  therefore,  Be  it  enacted  by 
the  authority  aforefaid.  That  up<?n  fuit  being  conunejiced  on  a£lion.of  debts,  informatien,  ?'c.  in  a  fuperior 
court,  if  the  defendant  fhaU  fail  to  give  fuch  fecurity  as  aforefaid,  that  then  the  fheriff  fhall  commit  the 
^(defendant  to  the  gaol  of  the  f«peri0r.courtfor.tha  diftrift  to  which  the  fair^  is  made  returnable. 

yil.  And  he  it  further  enacted  by  the  authority  aforefaid^  That  the  OierifF  fliall  have,  for  the  ferviees  he  fhall  Sheriffs  fees. 
.peTfor(n  in  a  fuit  brought  as  aforefaid,  the  fame  fees  and  allowances  as  in  other  cafes  on  adlion  brought, 
information,  or  jndiftment  profecutedj  and  .fy.bje<^  ,aJid   liable  for  taking  greater  fees,  in  the  fame  man- 
.ner  as  in  other  cafe?. 

VIII.  Atid  bt  it  further  enacted  hy  the  authority  aforefa'df  That  no  white  perfon  whatfoever  fhall,  on  any  Pen.  for  him* 
.prptence,  prefvin\e  to  hunt  with  dogs,  or  ptherwife,  or  drive  or  kill  any  deer  or  game  on  any  perfon's  lands,  son'sh  rdj  ^'^' 
Without  leave  of  tlie  owner  of  fuch  land  ;  .under  the  penalty  of  five  pounds,  proclamation  money,  for  each  without  leav^ 
pffefnce  ;  to  be  recovered  by  aflion  of  debt,  in  the  ^nferic^  coji^X  of  .the  cai;iijty  \yherei^  the  ofeace  fhall 
\)Q  conunitt^d,  by  the  owner  of  the  faitl  land. 

/.fl  fiSI  to  encptfiage  the  importaiion  of  Britijh  copper  halfpence^  and  for  making  fhetif  a  fender  fpr  the  payment  of  CHAP.  15.' 
'  fmalldAts,(a)  ' 

^8^  for  declaring  certain  lots  in  thetown  ofNeitbern^  taken  uphy  the  trufleei  for  promoting  the  public  fchool  in  CHAP.  18; 
,'  the  [aid  towti,faved  and  improved  acnrding  to  la,%u  ,-  and  to  empotvcf  the  faid  trujiees  to  cqIUcI  thefubfcriptions 
due  to  the  faid  fchool.  (b) 

0fl  o5  for  making  provifion  for  the  payment  of  forces  raifed  to  fupprefs  the  late  infumBion  on  the  iveflern  frontiersy  CHAP.  21. 
providing  for  the  public  clc^ms^  and  for  the  mere  eafy  colleSiing  the  annual  taxes  of  governmsnt.  Temporary, and 

I  presume  it  had  its  effiefU 

t:he  jiTji.E5  OF  Tpi;  private;  acts. 

7  An  aa.to^plSTge  the  »imp  for  shervfTs  to  jsjettle  thejr  acc<nints    11  An  afl  for  establishing  a  tnwn  in  Mecklenburg  county. 

withthe  justicesof  the  inferior  courts  of  pleas  and  quajrter-    12  An  ai9  for  establishing  a  town  00  the  land  of  Benjamin  Wynns, 
sessions  of  the  counties  therein  mentioned.  on  Chowan  river. 

f(f)  This  act,  in  Davis's  edition,  is  said  to  ha,ve  been  repealed  by  his  Majesty  in  Council,  .However,  if  it  had  not  been,  it  would 
Jong  ago  have  expired,  as  it  was  orly  to  be  in  force  five  years  from  the  passing  oi  it, 
{b)  Siidliy  Davis  to  have  been  repp^iled  by  Ijis  Majesty  in  Council, 


170  1768. 


14  An  4*  for  prevertlrj:  fte  freqrent  »b«M8  in  ttking  up  and  M- 
creting  cf  stray  hort^eg,  in  the  counties  of  Orange,  Gran> 
ville,  Bute,  Rowan,  Anson,  Mecklenburg,  Johnston, 
Dobbs,  Halifax,  Edgcomb,  Northampton,  Hertford,  Ty»- 
rel,  Craven  and  Pitt. 

16  An  ad  for  appointing  eottimissirnert  to  build  A  prison,  pillory 
and  stocks,  on  the  lot  whereon  the  court-house  now  stands 
in  Duplin  county. 


I)'  An  aA  to  centintie  sh  a£t,  entitled', "  An  act  to  anetid  w/i  £it, 

entitled,  an  act  for  the  regulation  of  the  town  cf  Wil. 

mington." 
1$  An  att'  for  destroying  ctow(  and  s^irrels  in  the  several  couti*^ 

tiestherein  nientioned. 
30  An  aet  for  altering  the  times  of  holding  the  inferior  courts  oif: 

the  counties  therein  mentioned. 


-  Signed  by  WlLLtAM  TRYON,  Efq.  GcverMr. 
James  Hasell,  PreSdenf. 
/dHM  Ha&'7ET|  Sftahr.' 
R«ad  tlircc  timee,  and  nti£«d  in  open  Assembly,  the  5th  £>»y  ef  Z>eccn>bCT»'  1768;.' 


At  an  ASSEMBLY,  begun  and  held  at  Newbern,  the  Twenty-third  Day  of  William 
06lober,  in  the  Ninth  Yearof  the  Reign  of  our  Sovereign  Lord  GEORGE  J^;^"^,^^- 
the  Third,    by  the  Grace  of  God,  of  Great-Britain,  France  and  Ireland, 
King,  Defender  of  the  Faith,  he.  and  in  the  Year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  Sixty-nine  :   Being  the  First  Session  of  this  pre- 

j    sent  Assembly. 


its  all fot  af pointing  an  agtnl  to  JoHcil  the  •fairs  of  this  province  at  the  fevtral  hards  in  Eng*  CHAP.  I. 

land,    EXP. 

tHE  TITLES   OF  THE  PklVATE   ACTS. 

S  An  ftft  for  confirming  the  quaUfication  of  Heniy  Lockey,  she-  4  An  aft  to  empower  the  /listices  in  the  several  counties  thereia 

TiffofBeaufwt  county.  mentioned,  to  establish  free  ferries  and  bridges  in  their 

?  Al»««»o«>e<«rtg«thede»lroyi«50f  vermin  iathc  KVCraf  respcaivecountiesiandlayataxfordefrayingthecharges 

cowtics  thcrcia  BMiUioned,  thereof 

feghcd  by  WILLIAM  TRYON,  Efq,  Gwerrnn 
James  Hasell,  Prefident* 
JoHnUAKirttSfeaierfj 
it4d  ilum  tiotoi)  iad  Atiicdia  opeA  AiKAb)/i  iU  <tbd^7of  Koye^ber,  Aano  pMi  1769,: 


172    1110, 


William 

Tavon,  £sq. 


At  an  ASSliMBLY,  begun  and  held  at  Newbern,  the  Fifth  Day  of  Decern^  j 
ber,  in  the  tileyenjh  Y^ear  pf  the  Reign  of  pur  oovereign  Lord  QKOUGe' 
the  Third,  by  the  Grace  of  God,  of  Greatr Britain,  V range  and  Ireland,! 
King,  Defender  of  the  Faith,  he,  and  in  the  Year  of  our  Lord  One  Thou-  \ 
san4  Seven  Hundred  ?ind  Seventy;  Peing  the  Fir^tSessiQi^  of  this  presen^  I 
Assembly.  .  .-  ^  , 


CHAP.  1,       An  aQJor  prevtnting  tumults  and  riotous  ajfemhliest  for  the  morefpeedy  and  fffeBual punipiing  the  ri 
pters,  and fqr  r0orin^  and  brejirying  the, public  ptacf^  pf  this  province,     ex?.* 

4n  aB  to  encourage  the  further  ffttlement  of  this  province.'^ 


eH&?.  2. 

Repealed  by  prodama.tl(»i. 

enAP.  S.        4n  a&forjounding.,  tjiahljhing  and  endowing  of  Oueen-s  college^  in  the  town  of  Charlotte,  in  Mecifen^ 

^urg  cqunty,*  . 


Repealed  by 
proclimation, 


CHAP.  ♦.         ^n  qEl  f»r  aniiddithn  tOt  ^nd  amendment  of  an  aSif  entitltdi  An  a£k  for  appointing  a  tnilitia.     v.xp.  fa) 


CHAP.   .5. 

Kep.2,l7rr,S 

CHAP.    6. 

Ar-,te.  p,  163. 

2.  1777,  8. 

3.  1779.  5. 
Vd.  2.  6. 

Sheriffs  remov- 
jng,  seciiriti(  S 
mav  ailefl  ar. 
te*rs  of  taxes. 


An  a£}  t^afcertaln  attorniesfees.i  ' 

y        '  .  "^    A  -i    '  j 

Aft  aFl  to  fimend  an  a&,  entitled,  "  An  %,£k.  for  appointing  (h.eriffs,  and  dlr?fling  ifceir  duty  in  cfiice." 

WHEREAS  many  hardfhips  and  inconveniencies  have  arifen  from  fheriffs  leaving  this  province  be*  i 
fore  they  had  accounted  for  the'public,  county,  and  pariQi  tax^s,  whereby  their  fecurities  hav^  { 
become  liable  for  the  fame  }  and  no  provifion  having  been  made  in  the  faid  acl  for  the  relief  of  fjicji  fa- 
curities :  '  ^  .,    .  .  -  j 

II.  Be  it  therefore  enaBed  by  the  Gcve'^rxr^  Council,  and  AJfernhl'},  and  by  the  authority  iftliefarne,  TTiat  < 
every  fheritf  who  hath  already  removed  hlmfclf,  or  hereafter  may  remove  himfelf  out  of  this  province,  and 
Cfall  nof  have  accounted  for  the  public,  county,  and  parifh  taxes,  whereby  the  fecurities  of  fuch  flieriflsj  j 
have  or  may  become  liable  for  the  fame,  it  fiiall  and  may  be  lawful  for  fuch  fecurities,  .their  heirs,  execu-  i 
tors,  or  adminiftratprs,  to  receive  ^nd  colkft  all  tfie  arrears  of  taxes  y/hich  ought  to  Jiave  been  col'eifled  i 
by  fuch  {heriffs4  and  if  any  perfon  or  perfons  liable  to  pay  fuch  taxes,  fhall  or  may  f:?il  to  pay  the  fame  ■ 
to  the  fheriff's  fecurities  as  aforefaid,  it  ftiall  and  may  be  lawful  for  fuch  fecurities,  their  heirs,  executors,  • 
or  adminiftratprf,  to  in^ke  diftrefs  for  jail  fuch  ;irr.ea.rs  of  taxes,  in  the  far^ie  manrier  asfii^riffs  are  by  law  ^ 
empowered  to  diftrain.    '  ,  '      ■        -• , 

III.  Provided  ahvays.  That  no  fuch  diftrefs  {hall  be  tjiade  utitil  .piiblic  jiqtice  be  firft  given  to  the  inha-   j 
bitants  pf  the  county,  by  advertifing  the  fame  at  the  court-houfc,  and  feveral  chapel^,  yKithin  (aid  COM.?; 
ijy,  at  leaft  one  jnonth  next  before  fuch  diftrefs  is  iptende^  to  be  made.  "    .'    • 

An  a3  toprevent  the  exportation  of  unr^erch'intailf  $Sf^modities .     ^XP.  (h^ 

f  HAP.  8.       Jin  aB  for  further  continuing  ai}  qB^  entitledyi.^  An  a£t  for  apgpinting  a  priijtev  to  this  province.     E^f .  (c)    \ 

•  Davis  :  the  original  being  missing.    I  have  no  certifica'e  of  the  rereals. 

(a)  The  original  of  this  act  is  also  missitig.  By  PavJs's  edition  it  ^ppear«  to  have  been  in  fcirce  for  five  jjears,  and  fr^m  thencf  '\ 

to  the  end  of  the  next  session  of  Assembly.        '"  "  "  •■   .     .       i  .    ?    ^     •  ■      ■  ^ 

t  Davis :   the  original  Ijeing  missing.  f  .  .  i 

(bj  Tie  original  afl  is  missing   By  Davis's  edition  it  appears  tohavebeen  in  force  for  ten  years/rom  the  parsing  of  it,  atjdfroi^ 

thence  to  the  end  of  the  next  session  of  Asse.nbiy.  .      >.       -  .  j 

^c  J  This  is  a  missing  aa.     By  Davis's  edition  it  appears  to  have  Iwen  in /orce  ,f9r  ^irce  years  from  the  passing  of  j;t,  ap4  ' 

from  thence  to  the  end  of  the  ae.-it  session  of  Asser.jbly.  1 


Not'ce  befcre 
distress. 


CHAP.    7. 

1,  1784,  26. 


4n  aSi  for  the  relief  offuch  perfont  who  have  or  m<^  fuffer  iy  their  derdi  and  tnefne  conveyances  not  beirtg  praved.   1770.   1 7  i 

and  regillered  within  the  thne  her ctofor.e  appointed  hyla-w.  U-v^^J, 

sjirx  THERE  AS  many  perfons,  through  Ignorance  of  the  law,  h^vo  negl<^T:ed  to  have  their  deeds  and  chap.  9. 

■  "  Y_V     "^efne  conveyancep  preyed  and  regiflered  according  to  the  directions  of  the  feveral  affls  of  affem- 

•bly  in  fuch  cafe  made  an^l  provided  :  for  remedy  whereof, 

II.  Be  it  enacted  by  the  Governor,  Council,  and  Affemhh,  and  by  the  authority  of  the  fame.  That  aU  deeds  Tr,.»v..,.       , 
1         r  ^  rij'^  111-  .        ••^*./^..  ..         curttier  time  a!" 

^nd  meiae  conveyances  (jjjands,  tenements,  and  hereditaments,  not  already  regiftered,  ackuowledg^^id  or  lowed. 

proved,  fnall  and  may,  '^thin  two  years  after  the  paffing  of  this  act,  be  acknowledged  by  the  grantor  or 

grantors,  his  or  their  agents  or  attornies,  or  proved  by  one  or  more  of  the  fubfcribing  witneiTes  to  the  fame, 

atid  tendered  or  delivered  to  the  regifters  of  the  counties  where  fuch  lands,  tenements  or  hereditaments 

iape  refpe£liveiy  fiti^ted  :  and  all  deeds  and  mefne  conveyances  whatfoever  which  (hfd  be  acknowledged  ^-U^ 

or  proved  according  to  the  dire£lions  of  this  aft,  though  not  within  two  years  after  the  date-of  the  ref- 

peftive  conveyances,  ihall  be  good  and  valid  in  law,  and  fliall  enure  and  take  efFeft,  as  fully  and  efFeftual- 

ly,  to  the  ufe  and  behoof  of  the  grantees,   their  heirs  and  affigns,  and  thofe  claiming  under  them,  as  \t 

Xuch  deeds  and  conveyances  were  acknowledged  or  proved,  aiid  regiftered  agreeable  to  the  diredions  of  any 

acl  of  aflembly  heretofore  made. 

4n  aO,  to preyenf  hunting  for,  and  killing  deer  in  the  manner  therein  mentioned,     exp.  ,    chap.  10. 

An  aBfor  the  relief  of  fuck  perfom  who  have  or  vxay  juffir  by  the  lofs  of  the  records  in  Bladm  county,  chap.   15. 
and  for  the  eleclion  ofvelirymenforthepauIJi  of  St.  Martin's, 

WHEREAS  the  houfe  of  Mr.  M-iturin  Colville,  clerk  of  the  court,  and  regiiler  for  the  county  of  Copies  of  re- 
Bladen,  and  the  records  of  the  0.id  county,  were  lately  burnt  and  confumed  ;  whereby  the  eftates  ^^^^^^^  ^'^  *^'' 
.of  many  orphans,  and  othet  perfons,  may  be  very  much  perplejcQd  and  prejudiced  :  For  remedy  whereof. 
II.  Be.it  enacted  by  the  Governor,  Council  arid  AJJimbly  and  by  the  authority  ef  the  fame.  That  from  and  af- 
ter the  paffing  of  this  a£l:,  the  copy  of  any  judgment,  order,  fettlement  of  orphans,  and  their  eftates,  or 
other  record,  or  other  matter  or  thing,  tranlatled  or  done  in  the  laid  court,  or  regifter's  office,  in  the 
county  of  Bladen,  attefted  upder  the  hand  of  the  clerk  or  regifter  who  recorded  the  fame  (in  fuch  cafe 
where  the  original  is  deftroyed^  fh^ll  and  may  be  given  in  evidence  in  any  difpute  or  controverfy,  in  any 
court  whatfoever,  and  fliall  have  the  fame  weight  and  credit  given  to  it  as  the  ojiginal  record,  might  or 
i>ught  to  have,  could  it  have  been  produced. 

**^    III.  And  be  it  further  enatled  by  the  authority  aforefaid.  That  where  any  perfons  have  neglefted  t  aking  CO-  Where  origi- 
pies  from  the  clerk's  office,  or  may  have  loft  them,  or  have  neglected  taking  their  deeds  out  of  the  re- "^K^'^'"*,'''^ 
gifters  oiiice,  and  are  delirous  to  perpetuate  the  memory  of  fuch  judgojeut,  order,  probate  of   any  wnl,  cords  to  be 
ifettlernent  of  an  orphan's  eftate,  deed,  mortgage,  bill   of  fale,   or  any  other  matter  or  thing  tranfafled  good, 
and  done  in  the  faid  county  court  or  regifter's  office  ;  it  fhall  and  may  be  lawful,  upon  the  depofition  of 
<)ne  or  more  creditable  perfon  or  perfons,  taken  in  writing,  and  fworn  to   in  open  court,   at  any  time 
■within  three  years  after  the  paffing  of  this  aft,  of  the  contents  or  fubftance  of  fuch  j  udgment,  order,  pro- 
bate of  a  will,  fettlement  of  ap  orphan's  eftate,  deed,  mortgage,  bill  of  fale,  or  qther   Inftrument  of  wri- 
ting whatfoever,  and  that  th^  original  record  was  burnt  as  aforefaid  :  Which  depofition  (h^l  be  recorded 
in  the  minutes  of  the  court,  certified  by  the  clerk,  and  regiftered  in  the  regifter's  office,  in  the  faid  coun- 
ty ;  for  which  fervice  the  faid  clerk  or  regifter  ihall   be  allowed  a  fufficient  reward,  at  the  difcretion  of 
the  juftices  of  the  county  court :  to  Be  paid  out  of  the  county  tax. 

,'  ,  IV.  And  be  it  further  enafied.  That  fuch  record  fo   made,  fhall  and   may,  at  all  times  hereafter,    be  Such  records  to 
pleaded  and  given  in  evidence,  and  have  the  farne  validity,  in  any  caufe  or  court  whatfoever,  as  the  ori-  ^  g"veninevi- 
■;ginal  would  have,  could  iciiave  been  produced, 
f^  V,  Private,    '  ■  ' 

An  aSi for  the  better  fettling,  regulating,  and  improving  thi  town  of  Beaufort,  in  the  county  of  Carteret  •,  and  CHAT.  \6. 
for  annexing  Occacock  ifland  to  the  faid  county.* 
X^All  but  the  eighteenth  feElion  being  entirely  of  a  private  nature,  immaterial  to  be  inferted.'\ 
XVIII.-    k    ND  whereas  part  of  Hatter  as  banks,   adjoining  the  bounds  of  Currituck  county,  from  the  Part  of  Hatter. 
XjL  P'=*ce  where  Hatteras   inlet  formerly  was,  and  extending  weftwatd  to  Occacock  jnlet,  is  **  ''*'^s  a^<d 
•  Davis:  1  he  originals  being  nHsaiiig. 


Vol.  I.  °  °  "  y 


1 


to  Carttiet. 


174<  1770.  not  inclut'e;!  in  any  county  within  this  province  ;  ^y  which- tfieins  the  inhabitants  thereof  are  n'of  KaM^ 
J  to  pay  any  taxes,  or  perform  any  public  duties  whatfoever  .•  For  remedy  whereof,  Beit  eiiaBedby  the  w 
thority  aforefajdy  That  from  and  after  the  palling  of  this  a^l,  all  thaf  part  of  the  fa  id  banks  from  the  low- 
beach,  which  runs  acrofs  the  fame  to  th6  fea  fide,  and  where  Hattetas  iniet  foi'merly  was,  extending 
weftward  to  Accomack  inlet,  Ihall  be  forever  hereafter  annexed  to  the  county  of  Carteret,  and  ihai]  be 
held,  taken,  and  deemed  as  part  of  the  fame:  and  the  inhabitants  thereof  (hall  be  liable  and  fubjecl  to  the 
fame  duties,  taxes,  and  impositions,  and  entitled  to  the  fame  privileges,  benefitgy  and  advantages,  as  the 
other, inhabitants  of  the  faid  county  of  Carteret. 

An  additional  and  e>tp!afiato}'y  act  to  an  act,  entitled,  "An  aft  for  regulating  the  fcveral  ofBcers  fees   with- 
in this  province,  and  afcertaining  the  method  of  paying  the  fame  ;  and  for  taxingi^w  fuits.*"     £XP, 

An  act  for  granting  a /alary  (o  the  chief jujiice,  out  (tfthe  contingent  fund.  EXp. 


CHAP.    19. 


CHAP.   20. 


CHAP.  22,     ^n  -oEi  for  ereEiing part  of  Johnfion,  Cumherlani and  Orange  counties,  into  afeparate  and  diHinSI  county^  by  the 

name  of  Wake  county  and  St.  Margaret's  parifb. 
'HEREAS  the  large  extent  of  the  faid  counties  of  Johnfton,  Cumberland  and  Orange,  renders  it 
grievous  and  burthenfome  to  many  oi  the  inhabitants  thereof  to  attend  the  courts,  genetal  muflrers, 
and  other  public  meetings  therein  .• 
Wake  erefled.        II.  Be  it  enacted  hy  the  Governor,  Council,  and  Ajjembly  and  by  the  authority  of  the  fame.  That  from  and  after 
the  twelfth  day  of  March  next  after  the  palling  of  this  zGi,  the  faid  counties  of  Johnfton,  Cumberland  and 
Orange,  be  divided  by  the  following  lines,  that  is  to  fay,  beginning  at  Edgcomb  line  on  Moccofon  fwamp,' 
a  mile  above  James  Lea's  plantation,  running  a  dired:  line  to  Neufe  river,  at  the  upper  end  of  John  Bed-- 
dingfield's  plantation  ;  the  i  to  David  Mimm's  mill  creek,    between  Mimm's  mill  and  Tanner's  old  mill  : 
then  the  fame  courfe  continued  to  the  ridge  which  divides  Cumberland  and  Johnfton  counties  :  then  a 
ftraight  line  to  Orange  line,  at  the  lower  end  of  Richard  Hill's  plantation,  en  Bucckhom  ;  then  the  fame 
courfe  continued  five  miles  ;  then  to  the  corner  of  Johnfton  county  on  Granville  line ;  then  with  the  fams" 
Rne  and  Bute  line  to  Edgcomb  line,  and  along  Edgcomb  line  to  the  beginning  ;  be  thenceforth  erefted' 
into  a  diftinft  county  and  parifh,  by  the  name  of  Wake  county  and  St.  Margaret's  pariili. 
[Jhe  remaining feiiions  altogtther  of  a  private  or  a  temporary  nature."^ 

CHIP.  24).     An  aSl  forereBing  a  neiu  county  between  the  town  of  Salijbury  and  Hilljbaroughy  by  taiingparf  tf  thtcouiitles  of 

Rowan  and  Orange.* 

WHEREAS  the  great  extent  of  the  refpeftive  counties  of  Rowan  and  Orange,  render  the  attendance 
of  the  inhabitants  of  part  of  Rowan  county,  and  the  inhabitants  of  the  upper  part  of  Orange  coun- 
ty, to  do  public  duties  in  their  refpeftive  counties,  extremely  difficult  and  expenfive  :  For  remedy  whereof, 
II.  Be  it  t  nacted  by  the  Governor,  Council,  and  AJ/embty  and  by  the  authsrity  of  the  fame.  That  a  line  begin- 
ing  at  a  point  twenty-five  miles  due  weft  of  HiUftjorough,  running  thence  north  to  the  Virginia  line,  then 
weft  to  a  point  due  north  of  the  Painted  Springs,  then  fouth  to  Anion  line,  then  along  Anfon  and  Cum- 
berland lines  to  a  point  due  fouth  of  the  beginning,  then  north  to  the  beginning,  be  credled  into  a  diftinft- 
county  by  the  name  of  Gkiilford  county,  and  Unity  parilh, 

[,The  remaining  Jections  altogether  ofaprivate  or  a  temporary  nature.'^ 

CHAP.  25.     An  actjor  authorizingPrfJbyttrian  minifltrsy  regularty  called  to  any  eon^regaticH  within  this  province, 
■*"">P  ^^^*  to  jolemnizt  the  rites  of  matrimony ,  under  Pfie  regulations  therein  mentioned,  (a  J 

CHAP.  26.     An  act  to  amend  and  contiufie  an  act  •'  for  faciHtating  the  navigation  of  port  Bath,  port  Roanoke,  and 

port  Beaufort."     exp. 

•  Davis :  The  originals  being  missiflg. 

(a)  Thisaais  said  by  Davis  to  have  been  repealed  by  proclatnatior.^t  vftis  passed  with  a  suspending  clause,  dedarintit  should 
Jave  no  efleiiuU  his  Majesty's  approbation  of  it  wai^had.  -~  ■■  .  ^ 


GuilCatd  erefl- 


sl«  det  for  ef}ahlifhittg  a  niiv  iouniy  hetiveen  Campbelton  and  Hill/borough,  by  taking  the fotithern  part  of  the  inha-     1770.   175 
hitants  ff  Orange  counly^  and  by  erecting  the  same  into  a  dijiinct  county,  by  the  name  of  Chatham  county,  and  St.  u*'-y->0 
Bartholomew  pari/fj.*  >.       ■    ■  *  CHAf.  27. 

WHEREAS  the  great  extent  of  the  county  of  Orange  renders  the  attendance  of  the  hihabitants  of 
the  fouthern  part  thereof  to  do'  pubUc  duties   extremely   difficult  and  expenfive   :  For  rensedy 

whereof,  '  , 

II.  Be  it  enaSled  by  the  Govermr,  Council,  and  Affemhly,  and  by  the  authority  of  the  fame,  lih2.titomvad.^hex  Chatham  erea- 
the  firft  day  of  April  next,  the  inhabitants  of  the  county  of  Orange,  lying  to  the  fouthof  a  point  fixteen  *'^' 
miles  due  fouth  of  Hilliborough,  and  bounded  as  follows,  to  wit,  begining  at  the  aforefaid  point,  running 
thence  due  weft  to  Guilford  county  line  -,  thence  fouth  along  Guilford  county  line  to  Cumberland  county 
line  ;  thence  along  Cittilberland  and  Wake  county  lines  to  a  point  due  eaft  of  the  beginning  ;  thence  due 
.  weft'to  the  beginning;  be  eredled  into  a  diftind  county  by  the  name  of  Chatham  county,  and  St.  Bartholo- 
mew parilh . 

[The  remaining  fsBions  altogether  of  a  private  or  a  temporary  nature.'^ 

An  aSi  to  regulate  the  ijfuing  (f  marriage  licences.^  CHAP.  28. 

Provided   for  1,  1778,  7, 

An  a8  for  further  continuing  an  a^  «  for  the  reftraint  of  vagrants,  and  for  making  provifion  for  the  poor,  chap.  29. 

and  other  purpofes.*     exp. 

Ah  aB  to  d'reS  Iheriffs  in  levying  extcutions,  and  the  difpifal  of  lands,  goods,  and  chattels  taken  therein.*     exp.  chap.  83; 

An  act  for  the  more  advantageous  dnd  eafy  manner  oi  obtaining  partitions  of  lands, in  coparcenary  faint  chap,  Stj 

tenancy,  and  tenancy  in  common* 

WHEREAS  the  proceedings  by  the  common  law  upon  writs  of  partition  between  coparceners,  joint 
tenants,  and  tenants  in  common,  are  tedious,  chargeable,  and  often  inefFe£lual ;  and  whereas  the 
lands  belonging  to  coparceners,  joint  tenants,  and  tenants  in  common,  frequently  lie  in  different  counties 
and  diftri£ts,  and  great  part  of  the  lands  in  this  province  are  fo  extremely  poor  and  barren  that  they  will 
not  admit  of  a  minute  partition,  as  in  England,  where  every  fingle  acre  is  feparately  of  real  value,  by  rea- 
fon  of  which  divers  perfons  having  undivided  parts  or  purparts  are  greatly  opprefled  and  prejudiced,  and 
the  premifes  are  frequently  wafted  or  deftroyed,  or  lie  uncultivated  and  unmanured,  fo  that  the  profits  of 
tlie  fame  are  totally  or  ift  a  great  meafuTe  ioit ;  for  remedy  whereof, 

II.  Be  it  enacted  by  the  Governor,  Council,  and  Affembly,  and  it  is  hereby  enacted  by  the  duthmty  oj  the  fame,  Manner  of  of>- 
That  from  and  after  the  paffing  of  this  a£l  the  demandant  for  the  partition  of  any  i^nds,  tenements,  or  he-  t=*'"'ns  ?»»""' 
reditaments,  fliall  file  his  or  her  declaration  in  the  office  of  the  fuperiot  court  virhere  the  fuit  {hall  be 
brought ;  whereupon  a  fummons  or  fummonfes,  together  with  a  copy  or  copies  of  fuch  declaration,  {hall 
be  iffued  by  the  clerk  of  fuch  court,  direfted  to  the  tenant  or  tenants  to  the  a£lion,  and  returnable  to  the 
fcourt  from  whence  the  fame  ilTued,  commanding  him,  her,  or  thein*  to  appear  thereat ;  and  if  upon  the 
fervice  of  fuch  fumimons  or  fummonfes,  the  tenant  or  tenants  to  the  aftion  {hall  fail  to  appear  or  plead* 
the  court  may  proceed  to  examine  the  demandant's  title  arid  quantity  of  his  part  and  ptirpart,  and  accord- 
ingly as  they  {hall  find  his  right,  part  and  purpart  to  be^  they  {hall  for  fo  much  give  judgment  by  default, 
and  award  partition  to  be  made,  according  tor  the  rules  hereafter  mentioned,  whereby  fuch  proportion, 
part  and  purpart,  may  be  fet  out  feverally  ,•  w'hich  havmg  executed,  after  giving  ten  days  notice  to  the  o- 
iher  paities,  or  if  they  cannot  be  found,  to  the  occupiers  ot  tenants  in  aftual  poffelfion  of  the  premifes 
(where  fuch  occupier  or  tenant  in  poffeffion  is  not  demacndant  in  the  afiion)  and  returnedy  and  thereupon 
final  judgment  entered,  fliall  be  good,  and  conclude  all  perfons  whatfoever,  after  notice  as  aforefaid,  what- 
foever  right  or  title  they  have,  or  may  at  any  time  claim  to  have,  in  any  of  the  me{ruages,  larids^  tene- 
ments, and  hereditaments,  mentioned  ini  the  faid  judgment  and  writ  of  partition^  although  all  perfons 
concerned  are  not  named  in  any  of  the  proceedings^  nor  the  title  of  the  tenants  truly  fet  forth. 

-III.  Provided  always.  That  when  the  tenant  or  tenants  to  the  aftion  live  out  of  this  province,  that  thert  "Tinaiits  cut  of 
irid  in  fuch  cafe  a  fervice  of  the  fummons,  with  a  copy  of  the'  declaration,  upon  the  lawful  attorney  of  jheprovince, 
i"»c^  abfent  tenant  or  tenants,  fliall  be  deemed  a  good  fervice  ;  and  provided  al/of  that  in  aU  fuch  ^afej  J^^^^J*"*^®  '^' 

1  O^yis  •  The  OTig|malg  bein^  missing^ 


Prov'so,  for  ii  • 
fains,  &c. 


*''^  11 

IVe    1770.  when  the  tenant  or  tenants  to  the  zQ:ion  live  out  of  this  province  as  aforefaid,  the  court  (hall,  be!br*  afepr  a 
V^,-v*>J  judgment  by  default  be  entered  as  aforefaid,  allow  an  imparlance  to  the  next  fucceeding  term,  or  further^ 
as  the  cafe  may  reafonably  require,  in  order  that  fuch  aWeat  tenant  or  tenants  may  have  notice  to  appear 
and  defend  the  a£tion,  if  they  think  nt.  V"  '"    -^ 

IV.  Provided  ahvaysy  That  fuch  perfon  or  perfons  concerned,  or  arjy  of  them,  againft  whom,  ortheir'l 
right  or  title,  any  judgment  by  default  (hall  be  given,  be  at  the  time  of  fuch  judgment  under  the  age  of  1 
twenty  one  years,  feme  covert,  of  unfound  mind  and  memory,  or  abfentout  of  this  province,  without  a-  i 
ny  attorney,  la^ully  and  fully  empowered,  refiding  therein,  may,  within  the  fpa,ceof  five  years  after  the 
removal  of  fucK  difabiiity,  apply  themfelves  by  motion  to  the  court  where  fuch  judgment  is^  entered  :  and 
if  upon  fuch  motion  they  fliall  (hew  a  good  and  probable  matter,  in  bar  of  fuch  judgment,  Vf  that  the  de- 
mandant hath  not  title  to  fo  much  as  he  hath  recovered ;  then,  and  in  fuch  cafe,  the  court  may  fufpend 
fuch  judgment  and  admit  the  tenant  or  tenant?  to  appear  and  plead,  and  the  caufe  (hall  proceed  accord- 
ing to  due  courfe  of  law,  as  if  no  fuch  judgment  had  been  given ;  and  if  the  court  upon  hearing  thereof, 
{hall  adjudge  for  the  firft  demandant,  then  the  firft  judgment  (hall  (land  confirmed,  and  be  gOOd  againft  I 
all  perfons  whitfoever,  except  fuch  other  perfon  as  ihali  be  abfent  or  difabled  as  aforefaid  ;  and  the  per-  j 
fon  or  perfons  fo  appealing,  (hall  be  awarded  thereupon  to  pay  cofts,  or  if  within  fuch  time  or  times  as  a-  ' 
forefaid,  the  perfons  concerned  admitting  the  demandant's  title,  part  or  purpart,  ftiall  ftiew  to' the  court . 
any  inequality  in  the  partition,  tiie  court  fhall  award  a  new  valuation,  and  make  partition  in  prefence  of 
all  parties  concerned  (if  they  will  appear)  notwithftanding  the  return  and  filing  upon  record  of  the  former 
valuation  ;  which  faid  fecond  valuation  and  partition  returned  and  filed,  (hall  be  good  and  firm  for  ever 
againft  all  perfons  whatfoever,  except  as  before  excepted.  •  •     ^         . 

V.  And  be  it  further  enaSedb-^  the  authority  aforefaidy  That  upon  any  judgment  being  given  for  fuch  de- 
mandant, and  the  meffuages,  lands,  tenenients,  and  hereditaments,  in  fuch  judgment  mentioned,  hap- 
pen to  lie  in  different  counties,  the  courts  in  which  fuch  judgment  fliall  be  obtained  are  authorized  and  im- 
powered,  and  they  axe  hereby  required,  to  iffue^writs,  direiSted  to  the  (hieriffs  of  the  feveral  counties  where 
the  lands',  tenements,  and  hereditaments  lie,  commanding  them,  that  by  inquifition,  in  due  form  of  law, 
they  fliall  caufe  the  lands  mentioned  in  fuch  judgment  to  be  valued,  and  fuch  valuation  to  be  returned 
with  the  writs,  under  the  hands  and  feals  of  thofe  by  ^vhom  inquifition  fliall  be  made  ;  upon  which  the 
court  fliall  proceed  to  make  partition,  giving  the  demandant  his  part  and  purpart  in  one  county,  unlefs 
where  the  lands,  tenements,  and  hereditaments,  lie  on  both  fides  of  a  water  which  divides  two  counties, 
and  it  may  be  uecelTary,  for  the  advantage  of  the  different  parties,  that  fuch  lands  fliould  not  be  feparated, 
or  unlefs  it  fliould  prove  otherwife  injurious  to  the  parties,  in  which  cafe  the  court  fliall  make  partition  iu 
the  moft  equitable  manner  they  can.  ■  ,   ^.         ,        .    n    „.     r       j 

VI  Atid  be  it  further  enacted  by  the  authority  aforefaidy  That  wiiere  it  fliall  he  tound  necefiary,  m  order 
to  make  a  more  equal  partition,  that  any  of  the  lands,  tenements,  or  hereditaments,  mentioned  in  fuch 
.iudgment,  fliould  be  divided  into  two  or  more  palfts,  the  court  (ball  order  a  writ  or  writs  of  partition  to  . 
iffue  to  the  county  or  counties  where  fuch  lands,  tenements,  and  jiereditaments  are  fituated,  command- 
ing the  flieriff  or  flieriffs  of  fuch  county  or  counties  to  make  partition  of  fuch  lands,  tenements,  and  he- 
reditaments, into  fuch  proportioiiS  and  value  only  as  fliaU  be  necefl'ary  to  make,  as  near  as  may  be,  an  e- 
qual  partition  of  the  whole  meffuages,  lands,  tenemenis,  and  hereditanlens.  mentioned  in  fuch  judgment, 
and  order  the  flieriiTs  of  fuch  counties  refpeaively  to  put  the  demandant  ui  poirelfion  of  his  or  her  particu- 
lar part    purpart,  or  ftiare  thereof  :  which  valuation  and  partition  fliall  be  returned  by  the  flieriiF  or  flie- 


Pcoce°dinr, 
were  lands  lie 
in  different 
counties. 


Where  d'vlded 
in  two  or  raoiC 
paitt. 


Whrre  In  dif- 
ferent disiri£ls. 


ITo  suit  unless 
part  of  the 

«laitn  is  in  the 
4istri<5l.    ° 


nffsasaforefaid,  to  remain  among  the  records  of  the  court.        •'  ,      ,      ,  '  ,,       _,. 

VII.  And  be  it  further  enaBed  by  the  authority  aforaaid,  That  where  die  laads,  tenements  and  heredita 


trary  in  any  wife  notwitliilanding.  „.      ,  .        u      j-.         .     n.  n  u 

VIU    Provided  alwaysy  That  no  fuit  for  partition  of  lands,  tenements  or  hereditaments,  fliall  be  com-  , 

menced  in  any  fuperior  court  of  this  province,  unlefs  part  of  the  demandant's  claim  he  within  the  diftria  • 

ofthecourtin  which  the  fuit  is  brought.  .  „       '     ,        i.    u-  i.  n,    -ar  u         r       cr  i      r 

IX    And  b'  it  further  enacted  by  the  authority  afore/aid,  That  when  the  high  flierifF,  by  reafon  of  ficknefs, 

or  any  other  difabiiity,  cannot  be  prefent  at  the  execution  of  any  judgment,  m  partiuon  ;  m  iuch  cafe,  th^  | 


''Dnder-fheriff,  duly  appointed  and  qualified  according  to  h\v,   in  prefence  of  two  jufttces  of  the  peace  of  1770.   J  77 
the  county  where  the  lands,  tenements  and  hereditaments  to  be  divided  lie,  (hall  and  may  proceed  to  ex-  '-••-v^O 
ecution  of  any  writ  of  partition,  by  inquifition  in  due  form  of  law,  as  if  the  high-flieri^  were  then  perfon-  Manner  or  pro- 
ally  prefeat  ;  and  the  hieh-fheriff  thereupon  fhalj,  and  he  is  hereby  enabled  and  required  to  make  the  fame  t      ,',?  ^"''^  '^ 
return,  as  it  he  were  perlonally  preient  at  luch  execution.     And  m  cale  luch  partition  be  made,  returned  ^a. 
and  filed,  he  Or  they, ^at  were  tenant  pr  tenants  of  any  of  the  faid  mefluages,  lands,  tenements  and  here- 
ditaments, or  any  part,  or  purpart  thereof,  before  they  were  divided,  (liall  be  tenant  or  tenants  for  fuch 
piart,  fetout  feverally  to  the  refpeftive  landJords  or  owners  thereof,  by  and  under  the  fame  conditions,  rents 
covenants  and  re'grvatioris,  where  they  are  or  lliall  be  fo  divided:  and  the  landlords  and  owners  of  the  ^     ... 
feveral  parts  and  purparts  fo  divided  and  aljotted  as  aforefaid,  fl  all  wavr;.nt  and  make  good  unto  their  ref-  lar.dlon'is  and 
peftive  tenants,  tlie  faid  feveral  parts  feverally  after  fuch  partition,  as  they  are  or  were  bound  to  do  by  any  tenants  auer 
leafcs  or  grants  of  their  refpeftiye  parts  before  any  partition  made  :  and  in  cafe  a^y  demandant  be  tenant  P=^»'»"°n« 
in  actual  poffeflion,  to  the  tenant  to  the  aftipn  for  his  part  or  proportion,  or  any  part  thereof,  in  the  mef- 
fysges,  lands,  tenemetits,  and  hereditaments,  to  be  divided  by  virtue  of  a  writ  of  partition  as  aforefaid.  for 
any  term  of  life,  lives,  or  years,  or  uncertain  intereft,  the  faid  tenant  fhall  ftand  and  be  poflefled  of  the  faid 
purparts  and  proportions,  for  the  like  term,  and  under  the  fame  conditioMS  and  covenants,  as  when  it  is  fet  " 
out  feyerally,  in  purfuance  of  this,  or  any  other  a£t,  ftatute  or  law  to  that  p.arpofe. 

X.  Arid  be  it  further  enaSed  by  the  au:hority  afonfaid.  That  the  refpective  Iheriffs,  their  under-fberlfFs  ^^"•°"S''f'''rs 
.  aod  deputies  ;  and  in  cafe  of  ficknefs,  or  difability  in  the  high-flieriif,  all  jaftices  of  the  peace  within  their  '"^S'e<aiiigtoat. 

refpe£livc  counties,  Ihajil  give  due  attendance  to  the  executing  fuch  writ  of  partition,  unlefs  reafonable  ^'^"'''  ^'^' 
.  caufe  be  {hewn  to  the  court  .upon  oath,  and  there  allowed  of,  or  otherwife  be  liable,  every  of  them  to  pay 
.'  unto  the  demandant  or  plaintiff,  fucji  coft§  and  damages  as  {hall  he  awarded  by  the  court,  not  exceeding 
ten  pounds,  proclamation  money  ;  fw  which  the  demandant  may  bring  his  adlion  in  any  court  having  cog- 
nizance thereof  ;  wherein  no  ^flgln,  prote£lion,  privilege,  or  wager  of  law>  fhall  be  allowed  :  and  in  cafe  ^^'^^'  ^'^'' 
the  demandant  doth  not  agr^e  to  pay  unto  the  Iheriffs,  juttices  and  jurors,  fuch  fees  as  they  {hall  refpec- 
tively  demand  for  iheir  attendance  in  the  execution  of  the  fame,  and  returning  thereof ;  then  the  court 
ftiall  award  what  each  perfon  {hall  receiV;e,  having  refpedt  to  the  diftance  of  the  place  from  their  refpec- 
tive habitations,  the  laws  o.f  this  province,  and  the  time  they  muil  aeceffarily  fpend  about  the  fame,  for 
which  they  may  feverally  bring  their  a£t,ions  as  afore{aid. 

XI.  And  bcit  further  <-«fl<7?<'fif.  That  the  demandant  in  any  fuit  for  partition  of  lands,  tenements,  and  here-  Den^andantnot 


torecovercosts. 


dttamsnts,  (hall  not  recover  cofts,  unlefs  it  appears  to  the  court , that  the  tenant  or  tenante  to  the  adion,  unj^L  tenant 
pjevious  to  its  commencement,  refufe  to  make  partitipri.   '  '  refuse  parthion. 

-XII.  Proveded  alivays,  That  this  aft,  nor  any  thing  herein  contained,  {hall  extend,  or  be  conitriied  to  Court  of  Chan. 
.extend,  to  alter  or  abridge  the  power  of  the  court  of  chancery  in  this  province,  in  the  partition  of  lands   '^"^'^  power 
.tenements,  or  hereditaments  j  any  thing  herein  qontamed  to  .the  contrary  thereof,  in  any  wife,  notwith-  ^°^  *^'^i'^S«=l' 
itanding. 

XIII.  And  be  itftfrther  enaBed  by  the  authority  aforefaid^  That  this  a£l  {ball  be  and  continue  in  force  for  Continuance, 
and  during  the  fpace  of  {ive  years,  from  and  after  the  paffmg  hereof,  and  to  the  end  qf  the '  next  feffion  of  V'xj^^  u 
a^Tembly,  and  no  longer.  '      > i' 1778  ^. 

An  a£i  to  prevent  card  piayingy  ^nd  other  deceitful  gaming.  chap.  35i 

Revived  2,  iT77,  U.  .1,  1778.5.  but  rep.  2  1788,  5. 
4n  oB  to  indemnify  the  feveral  Iheriffs  who  have  not  coUeBed  the  onefhilling  tax  per  poll,  for  finking  the  twelve  CHAP.  35. 
thoufand  pounds  granted  in  the  year  enethoufandfeven  hftndredandftxty,  and  the  tax  oftivofhillingsperpoU^for 
finking  the  twenty  thoufand  pounds  granted  in  thg  year  one  thoufand feven  hundred  and  ftxtj-one  ;  and  to  direB 
fuch  Iheriffs  tuha  havt  received  the  faid  taxes ^  tg  refund  the  fame  to  the  people  from  vihom  they  received  the  faid 
taxes. 

WHEREAS  it  was  refolved  the  affembly  in  December,  on?  thoufand  feven  hundred  and  {ixty-eight 
that  the  tax  of  one  {hilling  per  poll,  for  finking  the  twelve  thoufand  pounds  granted  in  the  year 
«ne  thoufand  fev&n  hundredand  fixty,  and  the  tax  of  two  {hil'jngs  per  poll,  for  the  linking  the  twenty  thou- 
fand pounds  granted  in  the  year  one  thoufand  feven  hundred  and  fixty-one,  have  had  their  effeft,  and 
/ought  not  thenceforth  to  be  coUeBed  ;  and  it  being  doubtful  whetlier  the  {heriffs  are  not  liable  to  account 
far,  and  pay  tlie  faid  tajtes  into  the  .treafwry  notwithftanding  the  faid  refolve  :  for  remedy  whereof. 
Vol.  I.  •     2  z  . 


1 T8    1 770.        II,  Be  it  enaBed  hy  the  Governor,  CouncV,  and  AJTemhly,  and  hy  the  authority  of  the  fiime.  That  no  disrin",  of 
u*-v"«0  other  coHe€lor  of  the  public  taxes,  (hall  be  liable  to  account  for,  and  pay  into  the  treafury  any  part  of  the 
Trixf snot  lobe  one  fiiilling  per  poll,  for  finking  the  twelve  thmxfp.nd  pounds  granted  in  the  venr  one  thoufand  feven  hun- 
dred and  fixty,  or  any  part  of  the  tax  of  two  {hillings  per  poll,   for  finking  the  twenry  thoiifand   pounds 
granted  in  the  year  one  thoufand  feven  hundred  and  fixty-one,  which  hath  become  due  atid  payable  fince 
the  laft  day  of  December,  one  thoufand  feven  hundred  and  fixty-eight,  ior  or  on  accoU.it  of  any  coJiec- 
tion  of  taxes  ;  any  law,  ufage,  or  cuftom  notwithftanding.. 
»yhere  e^''f^<S-       III.  And  whereas  fome  flierifFs  have  proceeded  and  collefted'  either  the  whole,  or  forhe  part  of  the  faid' 
'"  ""     ■      taxes,  fince  the  pauing  the  faid  refolve,  alledging  that  they  would  be  liable  to  account  for  the  fame  with 
the  treafurer  ;  Be  it  enaBedhy  the  authority  aforejaid.,  That  where  any  iheriff,  or  other  colleilc^r  of   public' 
taxes,  hath  received  from  any  perfon  or  perfons  whatfoever,  any  part  or  the  whole  of  the  aforefaid  taxes,' 
on  the  colledlion  of  any  taxes   becoming  due  fince  the  laft  day  of  December,  one  thoufand  feven  hundred 
j;  and  fixty-eight,  fuch  ftierifF  or  colleflor  fhall  (on  requeft  of  fuch  perfons,  at  any  time  after  the  tenth  day 

of  March  next)  refund  and  pay  to  the  perfon  or  perfons  from  whom  He  received  the  faid  tax,  or  any  part 
thereof,  the  whole  fum  which  he  fhall  have  received,  on  account  of  the  one  fliiliing  and  two  (hilling 
fmking  funds  aforefaid  ;  to  be  recovered  by  warrant,  from  any  juftice  of  the  peace,  on  the  plaintifF^s  pro- 
ducing a  receipt  from  fuch  (herifFor  colle£lor,  and  it  appearing  to  the  juftice  that  the  faid  taxes,  or  any' 
part,  were  a£lually  received  by  fuch  fherifF  or  coUeftor.  , 

To  be  discount-       IV.  PreviJ:d  neverthele/st  Thzt  where  any  (herifF  or  colleftbr  wlio  hath   received  the  whole,  or  any' 
177q!       **  "    P^^'  °^  '•^^  ^^^'^  taxes,  and  is  continued  in  office  to  colledt  the  taxes  for  the  year  one  thoufand  feven  hun- 
dred and  feventy,  may  retain  frxh  fums  as  he  hath  received  on   account  of  the  aforefaid  taxes,  until  he 
doth  receive  the  taxes  for  the  year  one  thoufand  feven  hundred  and  feventy  ;  and  he  is  then  direfted  and 
required,  to  difcount  fo  much  of  the  faid  one  (hilling  and  two  (hilling  taxes,  as  he  hath  received  hereto-- 
^  fore  according  to  the  true  intent  of  this  a^fl.     And  if  any  (herifF  or  coUedor  of  the  public  taxes,  fliall  have 

disco!m7wt!°re  P^*^  into  the  treafury  any  part  of  the  faid  one  (hilling  or  two  (hilling  taxes  afofelaid,  which  hath  been 
the  tax  has  been  collefted  on  account  of  taxes  becoming  due  fince  the  laft  day  of  December,  one  thoufasd  feven  hundred 
paid  them.         and  fixty-eight,  it  (hall  and  may  be  lawful  for  fuch  (herifFor  colleftor  to  demand  and  receive  of  the  trea«- 
furer  or  treafurers,  to  whom  he  (hall  have  paid  any  fuch  taxes,  all  fum  or  fums  of  money  which  the  faid 
(herifFor  colieftor  paid  him,  them,  or  either  of  them  ;  to  be  recovered  by  adtion  of  debt    in  the  fuperior 
court  of  the  diftridl  wherein  thetounty  is  fituated,  ot  whichftich  (herifF  is  or  was  colleftor. 
_  Taxes  to  cease.       V.      nd  he  it  further  enaBed  by  the  authority  aforefaid ^  That  neither  of  the  aforefaid  taxbs  of  one  or  two ' 
(hillings,  (hall  be  demanded,  taken  ©r  received,  of  or  from- any  perfon  or  perfons  whatfoever  hereafter,  on' 
any  pretence  whatfoever. 

CHAP,  37.  An  additional  a(t  to  an  acty  entitled,  *<  An  a£l  for  defraying  tKe  contingent  charges  of  government." 

Tempotaty,  and  I  presume  it  had  its  eftefl. 

CHAP.  39.     An  act  for  afcertaining  the  boundary  line  between  the  county  of  Rotvan,  and  the  counties  of  Mecklenherg  and 

Tryon  ;   and  for  appointing  commijjf oners  to  run  the  fame. 

WHEREAS  the  boundary  line  between  the  county  of  Rowan,  and  the  counties  of  Meckleriberg: 
and  Tryon,hath  not  as  yet  been  afcertained,  by  reafon  whereof  the  inhabitants  within  the  difputed 
bounds  of  the  faid  counties  refufe  to  give  in  a  lift  of  taxables,.oi-  pay  their  taxes  in  any  of  the  faid  counties  ; 
Commission.  II.  Be  it  enacted  by  th?  Governor ^    Council  and  Affembly^  and  hy  the  authority  of  the  fanie^  That  Thomas 

**■*•  Neil,  Thomas  Polk,  Matthew  Locke,  Griffith  Rutherford,  and  Peter  Johnfton,  Efquires,  be  appointed 

commiffioners  ;  and  they,  or  a  majority  of  them,  are  hereby  empowered  and  required,  to  run  the  di-- 
viding  line  between  the  faid  county  of  Rowan,  and  the  counties  of  Mecklenberg  and  Tryon  :  beginning 
at  Cold  Water,  where  John  Patterfon's  upper  line  crofFes  the  creek  ;  thence  due  "Weft  lintil  it  interfeds 
the  Cherokee  Indian  line  ;  which  faid  line,  when  run  by  the  commiffioners  aforefaid,  or  a  majority  of 
them,  (hall  by  them  be  entered  on  record  in  the  court  of  each  of  the  faid  counties,  and  fliall  hereafter  be 
deemed  and  taken  to  be  the  dividing  lines  between  the  faid  counties.  ■ 
III.  Temporary, 

CHAP.  40.  An  aB  for  fecuring  and ptli^erving  the  titles  of  the  freeholders  in  this  province.* 

WHEREAS  through  the  negledl  and  mi fmanagemetit  of  perfons,  who  have  heretofore  been  regif- 
ters  ia  this  proviRCe^  many  of  the  books  wherein  the  couvt;yances  of  lands  within  feveral  of  the 

•  Davis  :   tUs  Oiiginrti  be^uj;  nus.ing, 


^-durtles  ai'e  reulf^.ered,  are  fo  abufec!  and  defaced,  as  to  be  almoll  Hmntelllgibte,  and  In  danger  of  being.  1770.    179 
tntirely  loll,  anH  arri  fotne  of  them  removed  to,  and  difperfed  in  oUier  counties,  whereby  the  freehol-  ^^^v^O 

^"TSe ^tf^^lS;;;i^^£^X^«a/.«<f  #«^/y  ^^  th.  .^aA.WO- ^^*^>->That  the  juftlces  R-;J^|^- 
bf  the  inferior  court  of  any  county,  or  any  feven  of  tiiem,  at  any  court  held  between  the  paiTing  of  this  ^^^^;  P 
itt  and  the  firft  day  of  May, one  thouland  feven  hundred  and  feventy-two,  may,  ai:d  are  hereby  empow- 
*d  to  appoint  fomeperfonor  perfons  to  collecl  together  all  the  books  or  papers,  wherein  are  regiftered 
the  conveyances  cf  lands  in  their  refoedive  counties,  and  to  make  a  fair  copy  of  the  fame  into  a  book  or 
books,'  well  bound -in  calf  or  vellum  ;  and  the  fame  being  fairly  copied  into  the  faid  book  or  books,  to 
Tirefent  to  the  court  for  their  approbation.  \.       ,  ,  -n  .  i. 

^  III.  And  the  faid  book  or  books  being  approved  of  by  the  court,  irv;order  to  prevent  frauds,  and  cor-  -^^^^^If^ 
tea  errors-   Be  it  further  cna5ied  by  the  authority  aforefaid.  That  fix  perfons  be   appointed  to  examine  and  ^^^Si^^ 
torrea  the'fame,  in  manner  following,  to  wit,  two  of  them  by  the  court,  two  of  them  by  the  veltry,  copies. 
'  and  the  other  two  of  them  by  the  freeholders"  of  the  faid  county,  or  a  majority  of  them  :   And  in-order 
that  the  freeholders  ba  properly  convened  for  that  purpofe,.  the  Juftices  of  the  inferior  court  are  hereby 
empowered,  to  direcl  the  Iheriff  of  the  faid  county  to  fet  up  advertifements    appointing  a  day  for  the 
faid  freeholders  to  meet  at  the  court-houfe  of  the  faid  county,  to  eleft  and  choofe  the  faid  two  perfons 
for  the  purpofe  afor^faiJ  ;■  and  the  IherifFis  hereby  direfted-to  attend  at  the  court-houfe  on  fuch  day  as 
fliall  be  fo  appointed  for  the  eledion  aforefaid,  andlhall  take  a  lift  of  the  names  of  the  voters,  and  the 
votes  given  in  by  each  freeholder  in  his  proper  perfon,  and  the  poU  kept  open  until  ^"^nfet;    and   the 
(herifFfhall  declare  the  perfons  who  have  the   greateft  number  of  votes  duly  eleded,  and  fhall  fign  the 
ooU.  and  return  the  fame  to  the  next  inferior  court  to  be  filed  by  the  clerk  among  the  records  of  the  faid 
Luntv  the  chrk  having  firft  made  an  entry  of  the  names  of  fuch  perfons  fo  eleded  on  the  niinutes  of 
the  faid  court ;    and  the  perfon  fo  appointed  and  eleQed  aS  aforefaid,  having  examined  the^  faid  book  or 
books    and  compared  them  with  the  originals,  and  correfted  any  errors  that  they  may  find  in  the  fame, 
fhall  certify  the  fame,   on  oath,  in  open  court;  which  certificate  fhall  be  entered  on  the  .lunutes  of  the 
feid  court,  and  alfoin  the  faid  bdok  or  books  •,  which  certificate  fo  entered  in  the  fiid  book  or  books, 
(hall  be  figned  by  fuch  perfons   fo  appointed  as  aforefaid  to  examine  the  fame,  and  be  attefted  by  the 
«5lerk"  in  open  court :  And  all  deeds  and  conveyances  of  lands,  inferted  in  the  faid  book  or  books  as  afore- 
faid. from  the  old  regifters,  books,  and  papers,  fliall  be  deemed  and  taken  to  be   duly   regiftered  and  ^,^p.^^  ^^^.^^  ^^ 
certified  copies  from  the  faid  book  or  books,  and  ftiall  be   of  equal  validity   with  copies  of  deeds  from  this  adl  direas 
aTiy  other  regifter's  office  within  this  province,  any  law,  ufage,  or  cuftom,  to  the  coiitrary,  notwithftand-  vahd. 

K"?V.  And  belt  further  enaBed  by  the  authority  aforefaid^  That  it  fhall  and  may  be  lawful  for  any  perfon  J";-;;^"/ 1^' 

i  or  perfons,  fo  appointed  and  eleded  as  aforefaid,  to  coUeft  the  books  and   papers  wherein  any  convey-  p^:^,^^^ 
anceofland  within  the  faid  counties  are  regiftered,  to   demand  and  receive  the  faid  books   and  papers 
from  every  perfon  or  perfons  who  may  have  the  fame,  or  any  of  them,  in  his  or   their  pofleffion  :  Arid 

\  in  cafe  of  the  refufal  of  any  fuch  perfon  or  perfons,  fo  poffefled  as  aforefaid,  it  fliall    and  niay  be  lawful 
for  the  fuperior  court  of  the  diftria,  on  motion,   after  ien  days  previous  notice  given  to  fuch  perfon  or  ^^^^^  ^^^_ 
perfons  fo  refufing,  and  on  the  faid  faas  appearing  fufEciently  to  the  court,  to  order  and  adjudge  he  or  ^^^^  ,^  ^^^-^^ 
they  be  committed  to  clofe  gaol,  without  bul  or  mainprize,   until  he  or  they  fliall  caufe  the  faid    books  books  to  be 
and  papers  by  him  poffefle'dr  to  be  delivered  to  the  perfon  or  perfons  to  receive  the  fame,  and  fliall  alfo  commuted,  &c. 
pay  and  fatisfyaU  fuch  cofts  as  may  accrue  by  reafon  of  fuch  motion.  .    ^i   .     .t     ^    .       .  _, 

V.  And  be  it  further  emaed  by  the  authority  afc^- faid,  That  the  inferior  court  of  the  county  ^here  the  Copiestobede- 

^  faid  records  fliil  be  fo  exammed  and  compleated,  fliall  deliver  to  the  regifter  of  fuch  county  the  faid  books  '-^-d^o  -^^ 

''"'vh^A^b^Tfurthl^t^^^  by  the  authority  aforefaii.  That  it  fliall  and  may  be  lawful  for  the  j'uftices  Af  w-ceto 
Of  the  faid  court:  to  make  fuch  reafonable  allowance  as  may  be  thought  neceflary,  to  fuch  perfons  as-'^^^P™**^ 
(hall  be  appoi  nted  and  eleaed  for  the  purpofe  aforefaid,  to  be  paid  out  of  the  county  tax. 

VII.  And  whereas  many  conveyances  for  lands  in  the  faid  counties    certifiea  by  the  regifter  to  have  Al  -^v 
been  regiftered,  are  not  tJbe  found  in  any  of  the  regifters  books  for  the  refpeaive  counties ;  Be  tt  there-  --^^^^ -^f 
fore  enaEled  by  the  authority  aforefaid.  That  any  perfon  producing  to  the  regifter  of  the  county  whereof  he  ^^^^  ,^,^^  ^^^^^ 
ifi  rcrifter,  any  deed  of  conveyance  for  lands  in  the   faid  county    with  a  certificate  thereon  endorfed,   of  tered. 
the  fame  having  been  duly  proyed  before  the  inferior  «ourt  of  the  faid  county,  ot  the  chief  jultice^  or  one 


ISO   1770,  of  the  aflbciate  juft'ices,  (hall  be  eniithd  to  have  the  fame  regiftered  ;  and  the  regifter  of  the  faid  coun'-| 
U»''V*^  ty  is  hereby  required  to  regifter  the  fame,    if  fuch  conveyance  be  not  found  in  the  books,  notwuhftantU 
ing  fuch  certificate  of  regiftration.  ' '. 

CHAP.  ^l.  -^n  ftct  to  alter  the  method  of  working  upon  the  roads  in  the  counfy  therein  mentioHtd.f     exp.      ; 

CHAP.  42.     -^fi  aBfor-  dividing  the  northern  part  ofRawan  county%  and  ereBing  a  rieiv  founty  andparijh,  hy  the  mime  ofSur4. 

ry  county  and  St.  Judi s parijh.* 

WHEREAS  the  large  extent of^ the  county  of  Rowan,  renders  it  grievous  and  burthenfome  to  many" 
of  the  inhabitants  thereof  to  attend  the  courts  and  general  mtifters,  and  pth^r   public  maefeing^  ij 
appointed  therein.  '  '         '     \ 

Surry  ejeSed.  !!•  Be  it  enabled  by  the  Governer,  Council,  and  AJfemblyy  and  by  the  authority  of  the  samey  That  fropi  and  after. '^^ 
the  firft  day  of  April  next,  the  faid  county  of  Rowan  be  divided  by  a  line,  beginning  at  a  point  forty-twp  *i 
miles  north  of  Earl  Granville's  line,  on  Quilfoydi  county  line  ;  thence  running  horth  to  the  Virginia  line  ,•  ; 
thence  weftwardly  along  the  mountains  to  the  ridge  that  divides  the  waters  of  Yadkin  and  the  Catawba  ■" 
rivers  ;  thence  along  the  faid  ridge  to  the  north  weft  corner  of  Rowah  county  ;  then  «aft  along  Rowan  '^ 
county  line  to  the  beginning,  be  thenceforth  erecteci  into  a  diftinct  county  and  parifti,  by  the  name  of  Sur-»  -ii 
ry  county  and  St.  Jude'sparifti.  ■  '       <•  ''   '         '  \ 

[The  remaining  seSlions  altogether  i^ a  private  or  a  temporary  nature."]  \ 

CHAP.  43.     An  aSl for  the  more  speedy  recovery  of  qll  debts  atid  demands  under  Jive  pounds  proclamation  money  ^  luitkin  this'' 

province,     exp.  ■'■',•   i^ 


CHAP.   44. 


4n  ti^  t9  encourage  anfd  support  the  ejlqbli/hment  of  a  po/l-ojice  in  this  province,  (a) 
THE   TITLES   OF   THE   ]PRIVATE    ACTS. 


H  Aa  afl  for  appointing  &oramisBion.ers  for  cefling  and  bui'd- 
ing  a  court-house,  prison  and  stocks,  for  the  county  of 
Trvon. 

12  An  a<rt  to  prevent  the  untimdy  destruflicn  of  fish   in  Core 

Sound,  Bogue  Sou}id  and  the  streights  in  Carteret  qoun^ty. 

13  An  a<fl  to  appoint  commissioners  for  finishing  the  churcli  in 

Wilmington,    in  tj-.e  room  *nd  stead  John  Du  JJois  ^.ijd 
George' Wakely,  Esqu'res,  deceased. 

14  An  ad  to  establish  a  public  inspeflion  of  tobacco  in  thecMin-. 

ty  of  Johtisto.). 

17  An  afl  for  the  regulation  of  the  town  of  Salisbury,  securing 

the  inhabitants  in  their  possessions,  and  to  eiricourage  thfe 
settleinent  of  the  said  town.  ■  .  • 

18  An  afl  to  amend  an  a6i,  entitled,  "  An  a^  to  eippower  (.he 

inferior  courts  of  the  several  counties  in  this  province,  to 
ordtr  the  laying  out  of  public  roads ;  and  to  establish  and 
settle  ferries;  and  to  appoint  v,  here  bridges  ihall  be  built, 
for  the  use  and  ease  of  the  inhabitants  of  this  province  ; 
and  to  clear  navigable  rivers  and  creek'. ." 
21  An  aa  tp  prevent  the  unreasonable  destruftion  of  fish  in  the 


\ 
% 

■    "  J 
riyers  Roanpke  an4  Dann,  and  other  water  Rinses  ttaereht  ^ 

mentioned  '        .i 

23  An  afl  for  vesting  the  school-house  in  Edenton  in  trustees.     | 
Sy  An  ad  for  appcan'ing  arid  empowering  Mr,  William  Mobre,  J 
of  Tryon  county,  to  collefl  and  receive  the  t;^es  whiciv  i 
were  due  from  the  inhabitants  cf  the  said  ceiinty  for  th^  i 
year  one  thousand  seven  hundred  and  sixty-eight.  \ 

31  An  afl'for  appointing  trustees,'  in  tlje  toorn  and' place  of  those 

■  "■  Heretofore, appointed  by  an  a<3  of  Astemblv,  ■  passed  in  the  -^ 
year  one  thousand  seven  hundred  and  sixty-eight,  entitled,  _, 
"  an  ail^  forbui'rlinga  publ  c  gaol,  ar.d  gader's  house,  for  j 
the  distrWl  of  Ne^vbtni,  in  tbe  t  ,\vn  of  Newbern."  '  '' 

32  Ai^a^f'"'  obtaining  a  true  aiuldisiinin  list  cf  taxable  persons  * 

in  the  town  (^f  Newderri^  anti  to  empower  the  sheritf  tQ  'l 
colWft  the 'town  ta^ies  duo  from  the  inhabitants  of  the  sa'dl  .] 
town.  .  '    t 

38  A«  aft  to  enlafgfe  the  time  for  several  sherifTs  m  settle  their  ; 
accounts  with  the  justices  of  the  inferior  ccurts  of  plea;  : 
and  (piarter-sessious  of  the  counties  therein  mentioned.    '    < 


Signed  by  WILLIAM  TRYON,  Efq.  Gi^ve/norl 
James  Hasell,  PreHdent. 
RiCHAjiD  .Caswell,  Speaker. 


Bead  tbree  lipies,  and  ratified  Vi  open  Asseinbly,  the  3€th  Day  of  Janaaij,  1771. 


•  Davis :  the  original  being  missing. 

(a)  Davis  sa)  s  this  afl  was  repealed  by  proclamation.      I  have  no  certificate  ^jP  that :    Howev;er  it  was  onl/  ^  bp  in  f^rpe  {« 
two  years,  and  froBi  thence  to  the  end  of  the>ne^t  sessicn  of  Assembi/, 


1771.    181 


^t  an  AS^lvMBLY,  begun  and  heli  at  Newbern,  the  Nineteenth    Day  of  J°sf*«  ^^m. 

'    November,  in  the  Twelfth  Year  of  the  Reign    of  our    bovereign  Lord  Govcu^-.' 
GEORG*'  the  Third,  by  the  Grace  of  God,  of  Great- Britain,  France  and 
Ireland,  King,   Defender  of  the  Faith,  &c.   and  in  the  Year  of  our  Lord 
One  Thousand  Seven  Hundred  and  Seventy-one:  Being  the  Second  Session 
,of  this  present  Assembly. 


^n  aBfir  impofuig  9  tax  of  two  /hilHwgi,  prpjclamaticn  moneys  perp^ll,  ot^  all  taxable  perfsns  •wiihin  this  province,  CHAP.  1. 
''  and  for  granting  the  money  ari/mg  from  Jucb  tax  t0  his  majejiyf  his  heirs  andfucct(jori,to  he  applied  as  herein  Temporary. 
' after  direSed. 

An  c^  for  appointing  an  agent  to /blicit  the  affair^  of  this  province  at  the  fever al  hoards  in  England,      exp.       chap.  5- 

api  act  ta  amend  an  act,  entitled,  «  An  a£l  what  fences  are  fufficient  ;"  and  tg  Qmend  and  continue  an  act  re-  chip.  6. 
^'  lating  to  taking  upflray  horses,  (a  J 

An  aEl  to  indetfinify  fuch  perfons  as  have  a^ed  in  defence  of  government,  and  for  the  preservation  of  the  public  CHAP.  10. 
peace  of  this  province,  during  the  late  insurreBionf  from  vexatious  suits  and  prosecutions, 
HEREA3  during  the  late  infurre<SlioD,  which  began  in  or  about  the  mpnth  of  Dec^nher,  in  the 
year  of  pur  lord  one  thoufand  feven  hundred  and  feventy,  divers  officers  of  the  militia,  juftices 
.of'the  peace,  conftables,  and  other  officers  and  perfons,  well  affeded  to  his  majefty  and  his  government, 
l^n  order  to  preferve  our  prefent  happy  eftabliihroent  and  the  peace  of  this  colony,  and  to  fupprefs  and 
fout  an  end  to  the  faid  infurreiiipn,  apprehended  and  put  into  cuftpdy,  and  imprifpned,  pr  caufed  tp  be 
apprehended,  put  intp  cuftody,  and  imprifOned,  feveral  crimiijals,  and  perfoijis  who  they  fufpe£led  had 
or  might  difturb  the  public  peace,  or  foment  or  promote  riots,  tumults,  infurreftipns  or  evil  defigns 
againll  the  gpvernment ;  and  aUp  feized  and  ufed  feveral  hprfes,  arras,  and  other  things  j  and  alfp  pret 
(ed  divers  hprfes,  carts,  and  carriages,  fpr  the  fervice  of  the  public  ;  And  for  the  purpofes  afprefaid  ep- 
iered  into  the  hpufes  and  poiTeffions  pf  fundry  perfpns,  and  did  divers  afts  which  cpuld  npt  be  juftified 
jby  the  ftri£t  fprrns  of  law,  and  yet  were  neceffajry,  aiid  fp  much  for  the  fervice  of  the  pubhc,  that  they 
ought  to  be  juftified  by  afl  of  Affembly,  and  the  perfons  by  whpm  fhey  were  tranfadled  ought  to  be  in- 
demnificd  ; 

IL  Be  it  therefore  enaSled  by  the  Governor,  Council  and  Affembly,  and  by  the  authority  of  the  fame.  That  all  Indemnity  a> 
perfonal  aftipns  and  fuits,  indiQments,  informatipns,  and  all  moleftatipns,  profecutions,  and  proceed-  p'"^'  aaions 
ings  whatfoever,  and  judgments  thereupon  if  any  be,  fpr  pr  by  reafpn  pf  any  matter  ok   thing  advifed,  £i°pgjyrin'g"fh« 
icommanded*  appointed  pr  dene,   during  the  infurrecEiion,  and  until  the  1 0th  day  of  July,  in  0^e  year  of  iasurreAion. 
our  lord  one  thoufand   feveh  huncired  and  feventy- one,  in  order  to   fupprefs  the  faid  infurrecVion,  or 
fpir  the  prefervation  of  the  public  peace,  pr  fpr  the* fervice  pr  fafety  pf  the  government,  (hall  be  difcharg- 
ed  and  made  vpidj  and  that  every  perfpn  by  whpm  any  fuch  aft,  matter  or  thing,  ftiaiU    have   been  fo 
advifed.  commanded,  appointed,  or  done,  for   the  purpofes   aforefaid,  or  any  of  them,  before  the  faid 
tenth  day  of  July,  fiiall  be  freed,  acquitted,  ^nd  indemnified,  as  well  againft   the  king's  majefty,  his 
heirs  and  fucceflbrs,   as  againft  ail  and   every  other  perfon  or  perfons ;    and  that  if  any  aftion  pr  fuit 
hath  been,  pr  ffiall  be  cpmmenced  pr  profecuted  againft  any  perfpn  pr  perfpns,  fpr  any  fuch  a£l:,  matter 
jor  thing,  fp  advifed,  cpmmanded,  apppinted,  or  dpne,  for  the  purpofes  aforefaid,  or  any  of  them,   be- 

(aj  The  suhjea  concerning  fences  provickd  for  by  aft,  Nov,  1777,  c  22,  That  conceming]8tjfaj'S  provided  for  by  a^St  Nov,  1777. 
H.  9.    June  1781,  7. 

Vol.  I,  3  A 


182    1771.   fore  tljefald  tenth  day  of  July,  he,  fne,  or  they,  may  plead  the  general  iiTue,  and  give  this  aa  and  the 
fpecial  matter  in  evidence :  And  if  the  plaintiff  or  plaintiffs  fhall  beeonie  nonfuit,  or  forbear  further  pro- 
fccutlon,  orfufFerdifcontinuance,  or  if  a  verdift  pafs  againft  fucb  piaintifF  oir  plaintifFsr  the  defendant 
or  defendants  ihall  recover  his,  her  or  their  full  cofts  ;   for  which  he,  fhs,  or  they,  fhall  have  the  like  re- , 
medy  as  where  cofts  by  law  are  given  to  defendants  in  othef  cafes.  -,  f. 

III.  Provided  neverthelefsy  That  nothing  herein  contained  fliail  be  cohftrued  to  extend  to,  or  debai  any  ' 
perfon  or  perfons,  from  his,  her,  or  their  right  of  fuing  for  and  recovering  any  bonds,  notes  or  book  ac-i 
counts,  detauied  from  them  by  any  perfon  or  perfons  whatfoever. 

An  aa  to  amend  an  aB,  entitled^  «  An  aft  for  regulating  the  pilotage  of  Ca|)e-Fea»  wer,  and  other  pur: 

pofes." 

the  sul>je<ft  provided  for  by  subscqnent  afls. 

An  aB  to  amend  an  a£i,  entitled,  «'  Ana£t  for  regulating  thefevetal  officers  fees  within  this  province,  and 
afcertaining  the  method  of  paying  the  fame."  ■ 

An  aa  to  empower  the  officers  therein  nfentonedy  in  certain  cafety  to  tale  the  poll  at  the  election  of  iltettiters-  ft 

serve  in  the  General  Affembly,  ' 

lirS   TITLES  OF   THE    PRIVATE    ACTS. 


Not  to  extend 
to  bone's,  8ic. 
deiaii.cd. 


CHAP.    11. 

Rep.  by  a(ft,  ?, 
1777,    18.  and 

CHAP.    12. 

Provided  for  by 
subsequent  a&s. 

CHAP.    H. 

Provided  for  by 
3,  1777,  4, 


2  An  ail  to  alter  the  method  of  working  upon  the  roads  in  the 

counties  therein  mentioned, 

3  An  aiS  lo  en-.pewer  the  church  wardens  and  vestrymen  of  the 

parish  of  St.  Gabriel's  in  the  county   cf  Duplin,  to  sell' 
the  glebe  in  the  said  parish  and  county. 

4  An  a<5l  to  enable  the  freeholders  of  the  parish  of  St.  John,  in 

the  county  of  Pasquotank,  to  etedl  a  vestry,  and  provide 
for  their  poor. 

7  An  aft  to  empower  the  freeholders  of  the  several  parishes  there- 

in mentioned  to  ele*  vestries  for  their respeftive parishes. 

8  An  a«a  for  the  further  enabling  Francis  Lccfce,  Andrew  Alli- 

son, Griffith  Rutherford  and  William  Temple  Cotes,  for- 
mer sheriffs  of  Rowan  county,  tocoUeft  the  arrearages  of 

9  Ah  aa  to  amend  an  aft,  entitled,  "  An  aft  for  founding,  es- 

tablishing and  endowing  of  Queen's  College,  in  the  town 

of  Charlotte,  in  Mecklenberg  county." 
13  An  aift  to  contitue  an  a<ft,  entitled, "  an  aft  to  encourage  the 

destroying  of  vermin  in  the  several  counties  therein  men- 

'tioned." 
ij  Aiiuft  to  enlarge  the  time  for  several  sheriffs  to  settle  their 

actounts  with  the  Justices  of  the  inferior  courts  ofpleaa 

and  quar;«r-se5sion5  of  the  coHuties  tUsrcin  mentioned. 


Ifl  An  adi  for  amending  an  3(51,  entitled,  "  An  afl  for  erefling  ii 
ihetowrr  of  SaKsbiiry  a  public  gaol,  pillory  and  stockl 
for  ihediStrifl  cf  Satisbnry,  in  this  province," 

17  An  afl  for  amending  am  a<ft,  entitled,  "  /\n  aflforthe  befti 
regulation  of  the  town  of  Nevrbern,  and  for  securing  thi 
the  titles  of  persons  who  ho!d  lets  in  the  said  lowi-,"      j_ 

19  An  aft  for  laying  out  a  town  on  the  lands  of  Richard  Evanj 
in  Pitt  comity,  by  the  name  of  Martinborough. 

19  AnaA  for  buildmga  court-house  in  the  town  of  S'atiibutyj 

for  the  distrid  of  Salisbury. 

20  An  aft  to  amend  an  aft,  entitled,  '<  anaft  for  the  regulatu 

of  thetown  of  Wilmingten."  _ 

21  An  aft  forerefting  in  the  tow  n  of  Hillsborough  apublicgao|| 

and  gaoler's  house,  for  the  distrift  of  Hillsborough,  in  thii 
province. 

22  An  aft  for  laying  out  apublic  road  frorh  the  frontiers  of  thi| 

province  through  the  counties  of  Mecklenberg,  Rowaq 
Anson  and  Cumberland,  to  Campbclton, 

23  An  aft  for  appointing  and   empowering  Francis  Mosely, 

Anson  county  and  James  M'Coy,  of  Rowan  county,  ti 
colleft  and  receive  the  taxes  which  are  due  from  the  in 
habitants  ot  the  said  counties  for  the  year  one  thousara 
seven  hundred  and  seventy. 

Signed  by  JOSIA-H  MARTIN^  Efq.  (^w;»-wr, 
James  Hasell,  Freftdent, 
Richard  CaswelL}  Speaket^^ 


1113.    133 


At  an  ASSEMBLY,  begun  and  held  at  Newbef.rt^  the  Twenty-fifth  Day  of  JosiahMar- 
January,  in  th«  Thirteenth  Year  of  the  Rer^  of  our  Sovereign  Lord  veraon'^' 
GEORpii-  the  Third,  by  the  Grace  of  God,  of  Great-Britain,  France  and 
Irelandi,  King,  Defender  of  the  Faith,  etc.  and  in  the  Year  of  our  Lord  One 
Thousand  Seven  Hundred  and  Seventy-three:  Being  the  First  Session  of 
ihis  Assembly; 


jiiiaSl  for  dividing  the  province  into  fn<  feveral  dlflriBs,  andforeflahlifJjingafuperiofcourtofju/iiceineachHf  gji^p    |>         ; 
the  faiddi/iriBs  \  and fo'^  fjlahlil^ng  inferior  courts  of  pleat  and  quarter-fejfwns  in  the  se 
province^  and  regulating  the  proceedings  therein,  (a)  \ 


Art  aSl  to  regulate  and  afcertain  the  fees  of  the  clerks  of  the  pkis  in  thejuperior  and  inferior  courts  in  this  colony-y  ^jij^p.  3 
direEling  the  method  ^fpnyitig  thefamcy  and  for  taxing  law-fuits.     EXp. 

An  act  for  the  relief  of  infolvent  debtor Sy  luith  re/pec  t  to  the  imprifonmeni  of  their  persons.  OHAP    4^ 

I;  T>  E  ii  enabled hy  thi  Governor y  Councily  and  y4ffembly,and  by  the  authority  ofthefamty  That  if  any  perforl   Re|).  hy  proda, 
\j  or  perfons  nd\«r  are,'  or  hereafter  Ihall  be  taken  or  charged  on  mefne  procefs  or  execution  for  any  mation,  but  re- 
debt,  and  fhall'have  remained  in  cfofe  prifon  by  the  fpace  of  tweBty  days,  it  (hall  and  may  be  lawful  for  VI^t '^i4'^'i^* 
two  jullices  of  the  peace,  or  anjr  two'of  the  judges  of  the  inferior,  or  any  ofte  of  the  judges  of  the  fuperiot  u^S,  s.       ' 
courts  of  this  province,  either  in  ot  out  of  court,  upon  petition  or  petitions  of  fuch  prifoner,  under  his  or   prisoners  for 
their  hand's  and  feala,  whereof  notice  (hall  be  given  tatheperfon  or  perfons,  his  or  their  executors,  admii  debt  not  worth 
niftrators,  attornies,  or  agents,  at'  whole  fuit  fuch  prifoner  or  prifoners  (hall  be  imprifoned,  to  require  th6  40s  liberated, 
fheriff,  gaoler,  or  keeper  of  any  prifon,  within  their  refpe£l:ive  jurifdi£lions,  to  bring  before  fuch  juftiices 
of  the  peace,  judges  of  the  inferior  court  of  pleas  arid  quarter-feffions,  or  judge  of  the  fuperior  court,  ifTu- 
ing  fuch  warrant,  either  in  or  out  of  court,  the  body  of  any  perfoh  being  in  prifon  as  aforefaid,  together 
with  a  lift  of  the  feveral  wtits,  mefne  procelTes,  and  executions,  with  which  he,  (he  or  they,  is  or  are  char- 
ged in  the  feveral  gaols  as  afofefard ;  which  warrant  every  fuch  (herifF,  gaoler^or  keeper,  is  hereby  com- 
manded taobiey  :  and  fuch  prifoner  or  prifoners  coming  before  the  faid  juftices  or  judges,  (the  creditor  or 
creditors,'  if  refident  in  thiis  province,   at  vvhofe  fuit  he  is  confinedy  being  (irft  perfonally  fummoned,  ac- 
cording to' the  dire£Bons  of  this  a£t)  if  he,  (he,  or  they  have  no  vifible  eftate,  real  or  perfotial,  and  (hall 
make  oath  before  the  faid  juftices  of  the  peace,   or  judges  of  the  inferior  court,  or  judge  of  the  fuperior 
court  refpectively,  ilTuing  fuch  warrant,  that  he  hath  not  the  worth  of  forty  (hillings,  fterling  money,  in 
any  worldly  fuhftance,  either  iri  debts  owing  to  him,  or  otherwife  howfoever,  over  and  be(ides  his  wearing 
apparel,  working  tools  and  arms  for  mufter ;  and  that  he  has  not  at  any  time  finae  his  imptifonment,  or 
before,  direftly  or  indirectly  fold,  alTigned,  or  otherwife  difpofed  of,  or  made  over,  in  truft  for  himfelf  or 
otherwi(e,  any  part  of  his  real  or  perfonal  eftate,  whereby  to  have  or  expeft  any  bene(it  or  profit  to  him- 
felf, or  to  defraud  any  of  his  creditors  to  w;hom  he  is  indebted  \  and  if  there  be  no  perfon  prefent  that  can 
prove  the  contrary,  then  fuch  perfon,  by  fuch  court  or  juftices,  without  form  of  trial,  (hall  be  immedi- 
ately fet  at  liberty,  and  (hall  ftand  forever  difcharged  of  all  fuch  debts  fo  fued  for,  and  all  cofts  of  fuit : 
but  in  cafe  fuch  perfoh  (hall  afterwards  be  difcovered  to  have  fworn  falfely,  he  (hall  be  indidled  for  perju^ 
ry  i  and  if  convifted,  fhall  lofe  both  his  ears  in  the  pillory,  and  be  liable  to  fatisfy  the  debt  and  damages, 
aud  be  rendered  incapable  of  taking  the  behe(it  of  this  adt. 

fa)  The  last  clause  of  this  afl  was  as  follows:  "  Provided,  That  the  Execution  of  this  adl  be  suspended  and  deferred,  till  his 
Majesty's  Royal  Will  and  Pleasure  b=i  known  thereupon."  And  the  King  signified  his  disapprobation  of  iu— Part  of  tU^orig^nal  of 
this  adl  is  mis»rig. 


184f  1773.  II,  ^nd  is  it  further  ena8ed^  Tliat  the  faid  juftices  of  the  peace,  judges  of  the  inferior,  and  judge  qf 
t-K'v-Vi.'  the  fuperior  court,  refpe£l:ively,  before  whom  fuch  prifoner  or  priibners  fhalj,  ypon  oath,  have  difchargecj 
J"**'"^'  ^'^  '°  themfelves,  when  the  proceedings  are  before  them  out  of  court,  fhall  put  the  faijfi.e  in  writing,  under  their 
ceed^rgs  and"  J^^nds,  and  return  the  fame  into  the  court  from  whence  the  mefne  procefs  or  execution  illued,  there  to  be 
make  return  to  kept  on  record,  under  the  penalty  of  five  pounds,  proclamation  money,  for  each  judge  or  juftice  for  fuch 
court;  pe naltj .  omiffion  and  negleil }  to  be  paid  to  the  perlon  iujured,  by  order  of  the  faid  court.  ^ 

P.ison'rmay  III.  .ifid  be  itjurther  enacted^  That  if  any  perfcn  or  perfons  now  ar,e,  or  hereafter  (hall  be  taken  or  char-i 
delverhisef-  ggj  in  mefne  procefs  or  execution  for  any  fum,  apd  fnajl  have  rem^n6d  in  prifpn  by  the  fpace  of  twenty 
days,  and  fhall  have  any  eftate,  real  or  perfonal,  and  be  minded  to  deliver  up  his,  her,  or  their  efie(3s,  to 
his  or  their  creditors,  it  fhall  be  law^ful  for  fuch  prifoner  to  prefer  a  petition  to  the  court  frgjn  ifvhence  the 
procefs  iflued,  fetting  forth  the  caufe  of  imprifonment,  and  an  exaft  account  of  his  or  th^ir  eflate,  and  all 
circumftances  relating  thereto  ;  which  petition,  fubfcribed  by  him,  her  or  them,  and  fchedu'e,  fliall  b^ 
lodged  with  the  clerk  of  the  faid  court  from  which  fuch  procefs  iflued,  twenty  days  at  leaft  before  the  next 
Succeeding  court :  and  upon  fuch  petition  fo  filed,  the  clerk  of  the  faid  court  fjiall  iffue,  under  hisi  hand 
and  feal,  a  copy  of  the  faid  fchedyle,  and  a  notice  to  the  creditor  or  creditors,  at  whofe  fiiit  fuch  prifon- . 
er  or  prifoners  are  ,or  fnall  be  confined,  fetting  forth  the  fubftance  of  the  faid  petltjxjn,  and  fummomug  of 
them  to  atten,d  the  next  fucceeding  coiirt,  to  fhew  caufe,  if  any  they  have,  whjjthe  prayer  of  the  faid  pe- 
tition fhould  not  be  granted  ;  which  notice  being  duly  ferved  upon  the  perfon  of  perfons,  his,  her,  or  their 
executors,  adminiflrators,  attorney,  or  agent,  at  whofe  fuit  luch  prifoner  or  prifoners  (hall  be  imprifoned, 
ten  days  at  Jeaft  before  the  fitting  of  the  faid  court,  the  court  (hall  order  the  faid  prifoner  or  prifoners  to  be 
brought  before  them ;  and  if  the  faid  creditor  or  creditors,  at  whofe  fuit  he  is  inaprifoned,  fliall  appear, 
or  being  duly  fummoned  (hall  fail  to  appear,  the  court  (halj  piroceed  to  examine  the  nature  of  the  faid  pe^ 
tition  in  a  fummary  way,  and  fhall  tender  to  fuch  perfon  an  oath,  to  the  efFefi  fc^lowing.'  '•  -  » ' 
Debtor's  oath,  «  t  ^^  jg,  Jn  the  prefence  of  almighty  jGod,  lolemnly,  fwear,  prpfefs  aiid  declare,  that  the  fchedule  now 
\_  "  delivered,  and  by  ms.  fubfcribed,  doth  contain,  to  the  beft  of  my  knowledge  and  remembrance,  a 
*'  full,  juft,  true,  and  perfe^  account  anci  difcovery,  of  all  the  eftate,  goods,  and  effefts,  unto  me  any 
**  ways  belonging,  and  fuch  debts  as  are 'to  pne  owing,  or  to  any  pejrfon  jii  tryft  for  me:  and  of  all  fecui. 
*♦  rities  and  contrafts,  whereby  any  money  may  hereafter  become  payable,  or  siriy  benefit  or  advantage 
*«  accrue  to  me  or  tp  my  ufe,  or  to  any  oiher  perfon  or  perfons  in  truft  for  me  j  and  thst  I,  or  any  other 
•*  perfon  or  perfons  in  truft  for  me,  have  not  land,  money,  or  flock,  or  any  other  eftate,  real  or  perfonal, 
?<  in  pofieffipn,  reverfion,  or  remainder,  of  the  value  of  the  d6bt  or  debts  with  wliich  I  am  charged  in  ex* 
*'  ecution  ;  and  that  I  haye  not  direiftly  or  indirectly,  fold,  leiTened,  or  otheywife  difpofed  of  in  truft,  oir 
*•  concealed,  all  or  any  part  of  my  lands,  money,  goods,  ftbcks,  debts,  fecurities,  conty^iSLs,  or  eftate,  where-? 
**  by  to  fecure  the  fame,  to  receive  or  expe£t  any  profit  or  advantage  thereof,  py  to  defravld  or  dec'eivie  ai? 
*•  py  creditor  or  creditors  to  whona  J  am  indebted,  in  any  wife  howfoevcr,"**  * "  -         ■  •' 

'    ■  '  go  HELP  JME  GOD. 

^isonerr.beia-  IV.  Be  it  further  enacted^  That  if  fuch  prifoner  take  fuch  oath,  and  the  court  be  convinced  of  the  truth 
ingthcMth  '  *''^^'^^°f»  the  fchedule  fo  fubfcribed  being  filed  with  the  derk  of  the  Court  for  the  beltefj- information  of  th^ 
prpditors  of  fuch  prifoner  or  prifoners,  then,  arid  in  that  cafe,  i,t  fhan  ind  may  be  lawful  for  the  court  be- 
fore whom  fuch  oath  was  taken,  by  warrant,  to  command  the  0ieiit,  gaolelr,  or  keeper  of  any  prifon, 
forthwith  tofet  at  liberty  fuch  prifoner;  which  warrant  {hall  be  a  fufiicient  difcharge  to  fuch  fheriff,  gao- 
ler, or  keeper,  and  (hall  indemnify  him  or  t^em  agaipft  any  efcape  or  efcapes,  or  action  or  a6lions,  what- 
foever,  which  fhall  or  may  be  brought,  Commenced' or  profecuted,  againft  him  or  them,"  by  reafon  there- 
of; and  if  any  fuch  aftioh  fhall  be  Commenced  aguirift  any  Iheriff  or  otiier  officer,  for  pertprming  his  dui. 
ty  in  purfuance  of  this  a£l,  fuch  (heriffor  other  officer  may  plead  the  general  iffue,  ^d^iye  thip  a£l  in 
evidence.  ' ■■■•;■;■    •..:";.■,■;!':■..'  '   :'  •■      •■■■■.■■■      ■  ■  ■      •.      ..  '■     '■■■■- 

Lands,  &c  sold  V.  And  he  it  further  enacted  by  the  authority  aforefaii^  That  all  the  lands,  tenements  and  hereditaments, 
D"iThe d* k'''  ^^^^  ^'^  ^^  contained  in  fucli  fchedule,  for  fuch  ufe,  iritereft,  right,  or  title,  as  fuch  prifoner  or  prifon- 
ers then  fhali  have  in  the  fame  which  he  or  (he  may  lawfully  depart  widial,  and  ^Ifo  allgoods  and  chat- 
tels whatfoever  in  fuch  fchedu'e  alfo  contained,  fliall  be  veiled  in  tie  flieiiff  of  the  county  wherein  fucli 
lands,  tenements,  hereditaments,  goods  and  chatties,  (hall  lie,  oir  be  found  ;  and  fuch  Iheriff  is  hereby  au- 
thorifed,  empowered,  and  reqiiired,  to  fell  at  public  vendue,  and  convey  the  fame  to  any  perfon  or  per- 
fons "whatfoever  for  the  beft  price  that  can  be  got  for  the  fame,  and  the  monies  arifing  by  fuch  fale  fliall 
be  by  fuch  (heriff  or  pflacer,  upon  oath,  paid  into  the  hands  of  the  clerk  pf  the  fuperior  court  of  the  dU"^ 


tri<?t  where  fuch  prifoner  (hal  be  confined,  for  the  ufes  and  p\irpofes  hereafter  mentiqned  ;  faving  to  eve-    1Y73.    185  j 

fv  fuch  prifoner  his  or  her  neceflary  apparel  and  utenfils  of  trade.                                                                     v^^-v^O  * 

VI.  .-/wi  h  it  further  enacled  by  the  authority  ajorefaid,    That  the  judges  of  the  fuperior  court  (haU  j^-   Commissionerg 
point  two  commillioners,  who  Ihall  have  full  power  to  examine  into  the  claims  of  all  and  fingular  the  cfe-.  '''^''^"I'le 
(ditors  of  theperfon  or  petfons  imprifoned,  as  \yell  thofe  at  whofe  fi;it  he  was  committed,  as  of  all  others  ;  '^*'™** 

and  the  faid  commiflioners  fiiall  by  advertifenient,  at  the  court-houfe  of  the  diftri£V,  or  in  feme  public  news-  ; 

paper  or  gazette,  make  known  the  tinae  at  which  they  propofe  to  examine  fuch  claims  (which  fhall  be  ': 

within  fixty  days  after  their  being  appointed)  and  upon  fuch  creditors,  their  executors  or  adminilhrators,  i 

agents  or  attornies,  appearing  before  them,  and  fatisfying  then>  of  the  juftice  of  their  claims,  they  (hall  \ 

proceed  to  make  diftribution  amongft  each  and  every  of  the  creditors  fo  appearing  in  proportion  to  their  -, 
refpeftive  demands  ;  and  the  clerk  of  the  faid  court  is  hereby  dire£led  to  pay  fuch  monies  fo  received  up- 
on the  fale  of  fuch  infolvent's  eftate  into  the  hands  of  the  faid  commiflioners,  for  the  purpofes  aforefaid. 

VII.  And  be  it  further  enacted  by  the  authority  aforefaid^  That  the  perfon  of  fuch  debtor  fo  difcharged  "| 
fhall  never  be  arrefted  for  the  fame  debt.     The  rest  of  this  section  repealed,  vol.  1y  p.  2>^, 

VIII.  And  be  it  further  enaSlad  by  the  authority  aforesaid^  That  whereas  it  has  fometimes  happened  that  Proceedings 
poor  infolvent  debtors  have  been  a  long  time  confined  in  goal,  for  want  of  knowing  to  whom  to  give  no-  '■•''^.*'"*  creditors 
ticeof  their  intention  to  take  the  benefit  of  thj  a£l  for  relief  of  fuch  infolvents,  where  the  party  atwhofe  country"  °  '  ' 
fult  fuch  debtor  was  in  execution  did  not  refide  in  this  colony,  nor  had  any  known  agent  or  attorney  here  .  '\ 
to  whom  he  could  give  fuch  notice,  which  by  the  laws  in  force  in  fuch  cafes  is  required  to  be  given ;  which  \ 
long  confinements  have  alfo  happened  in  cafes  where  debtors  have  remained  in  prifon  t\yenty  days,  and  the  j 
fherifFs  or  gaolers  have  not  known  to  whom  to  give  notice  thereof,  or  of  whom  to  demand  fecurity  for  ! 
their  priton  fees  after  the  expiration  of  the  twenty  days  :  for  the  further  relief  therefore  of  fuch  infolvent  ' 
debtors,  Be  it  eaaSied  by  the  authority  aforefaidy  That  when  the  party  at  whofe  fuit  or  inftance  any  fuch  debt-  ! 
or  fhall  be  confined  in  execution  does  npt  refide  in  this  colony,  nor  hath  any  known  agent  or  attorney  here,  ' 
it  fhall  and  may  be  lawful  and  fufficient  for  fuch  infolsrent  debtor  to  give  nqfice  of  fuch  his  intention  to  i 
take  the  benefit  of  the  faid  z€t  for  relief  of  infolvents,  to  the  attorney  at  law  who  profecuted  the  fuit  againft  \ 
him  :  and  alfo  where  the  debtor  fhall  have  remained  in  execution  for  the  fpace  of  twenty  days,  it  fhall  be  i 
lawful  and  fuHicient  for  the  fheriff  or  gaoler,  in  the  like  cafes,  to  give  notice  thereof  to  the  attorney  who 

profecuted  the  fuit,  and  to  demand  fecurity  of  him  for  the  prifon  fees  that  fhall  arife  after  the  expiration  of  ' 

the  twenty  days  ;  and  if  he  fhall  fail  or  refufe  to  give  fuch  fecurity,  then  to  difcharge  fuch  debtor  out  of 

cuftody.                                                 .  I 

IX.  And  be  it  further  enacted  by  the  authiority  afirefaidt  That  If  at  any  time  hereafter  any  perfpn  being  taken  Debtors  unafcle  ' 
or  charged  on  mefne  procefs  or  execution,  fhall  not  be  able  to  fatlsfy  or  pay  his  or  her  prifon  fees,  fhall  *°  P^^  *®**  ^"*  > 
after  the  expiration  of  twenty  days  be  difcharged  by  the  creditor,  aod  the  fheriff  or  gaoler  may  demand  or  '^"^ed-  j 
recover  of  the  party  or  parties  at  whofe  fuit  fuch  infolvetit  perfon  fhall  be  imprifoned,  all  fuch  fees  as  fhall  \ 
become  due  on  account  of  fuch  Imprifonment.  ■ 

X.  And  be  it  further  enaSled  by  the  authority  afortsaiiy  That  if  any  perfon  who  fhall  take  fuch  oath,  (hall.  Penalty  for  per* 
upon  indidnient  of  perjury,  be  convided  diereon,  he  fhall  fufFe.  all  pains  of  wilful  perjury,  and  fhall  be  3"'"^* 

liable  to  be  taken  on  a  new  procefs,  and  fhall  never  after  have  the  benefit  of  this  aOr.  'i 

XI.  And  be  it  further  enacied  by  the  authority  aforesaidy  That  where  by  this  acl  an  oath  is  required,  the  fo-  Quaketsaf-  1 
leatjn  affirmation  of  a  Quaker  fiiall  be  taken  in  lieu  thereof  ;  and  every  perfon  convifted  of  wilful  and  falfe  firmationalr 
affirming,  fhall  fufFer  the  like  penalties  as  for  wilful  and  corrupt  perjury.                                                        lowed.  , 

Xlf .  Ani  be  it  further  enact  edy  That  every  law  heretofore  made,  refpediftg  the  relief  of  poor  debtors,  as  Rfpea'ing  ' 

6?  the  imprifonment  of  their  perfons,  be  repealed  and  paadie  void,                                                                clause."  ■ 

■             '                    '  i 

An  act  for  appointing  public  treafurerty  and  directing  their  duty  in  office,     exp.  CHAP.  S, 

An  act  for  annexing  the  tforth  part  Rowan  to  the  county  of  Surryy  and  the  further  establilhing  and  treciing  the  cHAP.  S,  . 
parish  of  Dobbs  into  a  fepar ate,  and  distinct  perish. 

WHEREAS  the  inhabitants  of  the  north  part  of  Rowan  County  labour  under  great  inconveniences  in 

attendmg  the  courts,  and  other  public  meetings,  at  the  court-houfe  of  the  faid  county  ;  and,  as  It  1 

would  be  much  more  convenient  for  them  to  attend  public  bufinefs  in  tlie  county  of  Surry,  are  defirous  of  \ 

being  annexed  thereto  :  and  as  by  an  a£t  entitled  an  a£l:  for  ere^ng  fhat  part  of  Rowan  county  cailed  Wsu  i 

Vol.  J.                                                          3B                9        ^                           /  ^ 


Part  of  Rowan 
added  to  Surry. 


J 86  1775.  chovia,  into  a  di{tm<£t  parilh,  the  tra£^  of  land  formerly  in  the  coftnty  of  Rowart,  called  and  named  Wacho- 
Vi^»-y-«0  via,  belonging  to  the  Unitas  Fratrum  (or  united  brethren)  according  to  the  known  boandaries  arid  limiu 
thereof,  was  eredled  into  a  parifh,  diftin£l  and  feparate  from  the  parifh  of  St.  Luke,  in  thefaid  county, 
and  called  by  the  name  of  the  parifh  of  Dobbs,  and  were  intended  to  hold,  ufe,  and  exescife  the  like  au- 
thorities and  powers,  and  poflefs  and  enjoy  the  fame  immunities  and  other  privileges' as  other  parifhes  in 
this  province :  and  as  by  an  a£t  for  dividing  the'northern  part  of  Rowan  county,  and  erefting  a  new  coun- 
ty and  parifh,  by  the  name  of  Surry  county,  and  St.  Jude's  parifh,  the  dividing  lines  between  the  counties 
of  Rowan  and  Surry  ran  through  the  faid  parilh  of  I>obbs,  by  which  means  part  of  the  hiA  parifh  was  left 
in  each  of  the  faid  counties,  from  which  great  inconveniences  afife  to  the  inhabitants  of  the  faid  parifh  : 

II.  Be  it  therefore  enacted  by  the  Goveriiofy  Council  and  Affembiyy  and  by  the  authority  of  the  jame^  That  from 
and  after  the  pafTing  of  this  a£t,  the  dividing  line  between  the  counties  of  Rowan  and  Surry  (hall  begin  at 
a  point  in  the  line  dividing  Rowan  and  GaiTford  counties,  thirty-fix  miles  north  from  the  fouth  eaft  corner 
of  Rowan,  thence  running  a  due  weft  courfe  to  the  ridge  dividing  the  waters  of  the  Yadkin  and  Catawba 
rivers,  which  line  is  to  be  parallel  toearl  Ghranville's  fouth  boundary  line  (excepting  where  the  bounds  of 
tlie  parifh  of  Dobbs  interfere,  which  parifh  is  hereby  intended  and  declared  to  be  included  in  Surry  county) 
and  by  the  faid  dividing  ridge  and  the  mountains  to  the  Virginia  line  j  and  all  that  part  bounded- te  the 
northward  by  the  line  before  defcrUjed  to  be  marked,  ftiall  be,  and  is  hereby  annexed  to,  and  made  part  of 
Surry  county. 

III.  And  be  it  further  ena^ed  by  the  authority  aforefaidg- 'thaX  that  part  of  Rowan  county,  and  parifh  of 
Dobbs,  which  by  the  divifions  of  Rowan  and  Surry  counties  fell  into  Rowan  county,  be  added  to  Surry 
county  as  aforefaid,  fo  that  all  that  original' tra£t  of  landcalled  Wachovia,  or  Dobbs  parifli,- according  to 
the  known  bounds  and  limits  thereof,  be  made  part  of  Surry  ceunty,  and  be  and  remain  one  entire  pa- 
rifh as  before,  diftin£l  and  feparate  from  the  parifh  of  St.  Jude,  and  any  other  parifh  whatever,  and  be  en- 
titled to  ufe,  hold,  and  exe^^cife  the  like  authorities  and  powers,  and  poflefs  and  enjoy  the  fame  immuni- 
ties, and  other  privileges^  afe  other ^parifhes  in  this  province. 

[The  remaining  feElions,  except  the  seventh,  altogether  of  a  private  or  a  temporary  nature,"^ 
VII,  And  he  it  further  enaHed  by  the  authority  aforefaid,  That  fo  much  of  a  former  a6k  of  AfTembly,  enti- 
tled '*  }\  n  aft  for  dividing  the  northern  part  of  Rowan  county,  and  erefting  a  new  county  and  parifh,  by 
the  name  of  Surry  county,  and  St.  Jude'sparifh,!'  as  comes  within  the  purview  of  this  aft,  is  from  henceforth 
repealed  and  made  void. 


Wachovia  ad- 
ded to  Surry. 


CHAP.   14. 

CHAP.    18. 

Provided  for  bj 

CHAP.  24. 
CHAP.  25. 
CHAP.  28. 

CHAP.  29. 


Deeds  register- 
ed withiB  two 
yearss 


subsequent  a£ls- 


jiN  a8Jor  direSing  the  method  of  appointing  furors  in  all  eaufifSf  civil  eind  criminal.     Etf. 

An  act  to  pnvint  hunting  with  a  gun  in  the  night